MINUTES OF
Board of Regents
of
Stephen F. Austin State University
VOLUME NO. 29
July 26, 1975
Nacogdoches, Texas
INDEX
Minutes of the Meeting
Stephen F. Austin State University
Board of Regents
held in Nacogdoches, Texas
July 26, 1975
VOLUME NO. 29
Page
74-168 Approval of Minutes of April 26, 1975 29-2
74-169 Summer School Faculty Adjustments 7Q ->
74-170 Faculty and Staff Appointments t
74-171 Resignations
74-172 Leaves of Absence ztZ
74-173 Returns from Leave 7
74-174 Changes in Status ?*"1
74-175 Retirement 29^
74-176 Establishment of Athletic Program Committee 29-8
I, III APProval of 1974-75 Budget Adjustments oq-8
74-178 Approval of 1975-76 Budget 29^
74-179 Approval of Change Order No. 1 (Mechanical 29-«
Renovation of the University Center)
74-180 Acceptance of Insurance Bid 29^8
74-181 Authorization of Signature Names 29-Q
:J"° Authorization to Approval Official Travel 29-9
/4-183 Authorization to Approve Travel Vouchers for 2Q-Q
Board of Regents
74-184 Approval of 1975-76 Room and Board Rates 29-9
74-185 Adoption of Rules and Regulations in oq.i i
Student Handbook
74-186 Architectural Contract for Renovation of 29-11
Science Building (Kent-Marsellos-Scott)
74-187 Authorization to Obtain Bids and Approve 29^4
Purchase of Campus Flag Pole
74-188 Authorization to Advertise for Bids for 29-34
Removal of Birdwell Annex and Former
President's Home (627 Starr Avenue)
li)ll Approval of Extension of Depository Agreements 29-34
/4-190 Contract for Renovation of Shelton Gymnasium 29^2
(Pigg Construction Company)
74-191 Approval of Compensation for Teaching Off- ?Q-fii
Campus Courses
74-192 Approval of Curriculum Changes 29-62
74-193 Authority to Petition Coordinating Board for 29-65
Approval of Master of Science Degree in
Computer Science
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHIN F. AUSTIN STATE UNIVERSITY
HELD IN NACOGDOCHES, TEXAS
July 26, 1975
The meeting was called to order by Walter C. Todd, Chairman
of the Board of Regents, at 10:00 a.m. July 26, 1975.
PRESENT:
ABSENT:
PRESENT:
PRESENT:
Members: Walter C. Todd of Dallas
Robert C. Gray of Austin
Peggy Wedgeworth Wright of Nacogdoches
Homer Bryce of Henderson
James I. Perkins of Rusk
Mrs. George Cullum, Jr. of Dallas
Glenn Justice of Dallas
Joe Bob Golden of Jasper
Ernest Powers of Carthage
C. G. Haas, Secretary of the Board
Dr. R. W. Steen, President of the University
Guest: Alan Folger, President of Student Government
74-168
Upon motion of Regent Cullum, seconded by Regent Gray, with all members
voting aye, it was ordered that the minutes of the meeting of April 26,
1975, be approved.
74-169
Upon motion of Regent Justice, seconded by Regent Perkins, with all
members voting aye, it was ordered that the following adjustments to the
summer budget be approved:
1. Department of Communication
Mr. Donald L. Graham, Assistant Professor of Communication, ap
pointed Director of Speech Workshop at a salary rate of $1,000 for
the period of July 11, 1975 - August 9, 1975.
2. Department of Computer Science
Dr. Jerald L. Ripley, Assistant Professor of Computer Science, ap
pointed to teach Second Summer term (50% time) at a salary rate of
$1,288.58 for the Second Summer term, 1975.
3. Department of English and Philosophy
Dr. Sybil Wyatt, Professor of English, appointed to teach Second
Summer term at a salary rate of $3,344.33 for the Second Summer term,
1975.
4. Department of Home Economics
Ms. Ethelind S. Gibson, Instructor of Home Economics, appointed
to teach at Food Service Personnel Workshop at a salary rate of
$500 for the period of June 16, 1975 - June 27, 1975.
5. Department of Music
Mr. Stephen K. Goacher, Instructor of Music, to teach at Music
Workshop at a salary rate of $347.22 for the period of one week.
Dr. Thomas M. Houston, Associate Professor Music, to teach at Music
Workshop at a salary rate of $369.88 for the period of one week.
Mr. Max L. Morley, Assistant Professor of Music, to teach at Music
Workshop at a salary rate of $326.33 for the period of one week.
6. Department of Sociology
Mr. William T. Toney, Instructor of Sociology, at a salary rate of
$1,861.50 (50% time) for Summer I and II, 1975.
29-2
7. Department of Secondary Education
Ms. Donnya E. Stephens, Instructor of Secondary Education, at
a salary rate of $1,061.67 (50% time) for the Second Summer term.
74-170
Upon motion of Regent Perkins, seconded by Regent Bryce, with all mem
bers voting aye, it was ordered that the following individuals be
employed for the positions, dates, and salaries indicated:
1. Department of Art
Dr. Vincent Frederick Kubly, 34, Ph.D. (University of Wisconsin),
Assistant Professor of Art at a salary rate of $14,250 for nine months,
effective Fall Semester, 1975.
Ms. Mary F. McCleary, 24, M.F.A. (University of Oklahoma), As
sistant Professor of Art at a salary rate of $11,500 for nine months,
effective Fall Semester, 1975.
2. Department of Chemistry
Dr. Ronald H. Fleming, 29, Ph.D. (University of Oregon), Assistant
Professor of Chemistry at a salary rate of $13,000 for nine months,
effective Fall Semester, 1975.
3. Department of Computer Science
Mr. George William Dailey, 33, M.S. (University of Southwestern
Louisiana), Instructor of Computer Science at a salary rate of
$11,000 for nine months, effective Fall Semester, 1975.
4. Department of Elementary Education
Dr. Kay Garalyn Rayborn, 28, Ed.D. (University of Southern Missis
sippi), Assistant Professor of Elementary Education at a salary
rate of $13,000 for nine months, effective Fall Semester, 1975.
Ms. Leta Ann Petty Weaver, 29, M.Ed. (Stephen F. Austin State Uni
versity), Instructor in Elementary Education at a salary rate of
$10,500 for nine months, effective Fall Semester, 1975.
5. Department of English and Philosophy
Ms. Constance H. Hall, 42, M.A. (Stephen F. Austin State University),
Graduate Interne in English at a salary rate of $3,375 (75% time) for
the Fall Semester, 1975, only.
Ms. Susan Rebecca Hannah, 32, M.A. (Stephen F. Austin State Uni
versity), Graduate Interne in English at a salary rate of $4,500
for the Fall Semester, 1975, only.
29-3
Ms. Mary Jill Moore, 23, M.A. (Stephen F. Austin State Uni
versity), Graduate Interne in English at a salary rate of $4,500
for the Fall Semester, 1975, only.
Mr. Samuel S. Sutherland, III, 24, M.A. (University of Texas-
Austin), Graduate ;~iterne in English at a salary rate of $4,500
for the Fall Semester, 1975, only.
6. School of Forestry
Dr. Ricardo Ama Clemente, 34, Ph.D. (Pennsylvania State Uni
versity), Assistant Professor of Forestry at a salary rate of
$16,000 for nine months, effective Fall Semester, 1975.
Dr. Paul C. Johnson, 29, Ph.D. (Cornell University), Research
Associate in Forestry at a salary rate of $11,000 for twelve months,
effective May 1, 1975.
Dr. Robert Ryland Fleet, 37, Ph.D. (Texas A§M University), Research
Associate in Forestry at a salary rate of $11,000 for twelve months,
effective June 1, 1975.
Ms. Leslie C. Johnson, 22, B.S. (SUNY College of Environmental
Science and Forestry), Research Technologist in Forestry at a salary
rate of $8,700 for twelve months, effective May 21, 1975.
Dr. Garland N. Mo^n , 31, Ph.D. (Texas A$M University), Assistant
Professor of Forestry at a salary rate of $13,000 for nine months,
effective Fall Semester, 1975.
Mr. David Kirby Reid, 22, B.S.F. (Stephen F. Austin State Uni
versity) , Research Technologist in Forestry at a salary rate of
$6,600 for twelve months, effective May 15, 1975.
Mr. Richard M. Pandle, 24, B.S.F. (Stephen F. Austin State Uni
versity), Research Technologist in Forestry at a salary rate of
$8,000 for twelve months, effective May 19, 1975.
Mr. Richard Wayne Schwab, 23, B.S.F. (Stephen F. Austin State
University), Research Technologist in Forestry at a salary rate of
$8,700 for twelve months, effective May 19, 1975.
Mr. Kenneth E. Zorn, 28, B.S.F. (Stephen F. Austin State University),
Research Technologist in Forestry at a salary rate of $9,000 for
twelve months, effective May 19, 1975.
7. Department of General Business
Mr. Boyd K. Herndon, 25, J.D. (University of Texas-Austin),
Instructor of General Business at a salary rate of $11,500 for nine
months, effective Fall Semester, 1975.
29-4
8. Department of Psychology
Ms. Verna Lucille Barron, 26, Ph.D. (Oklahoma State University),
Assistant Professor of Psychology at a salary rate of $12,750 for nine
months, effective Fall Semester, 1975.
9. Department of Secondary Education
Ms. Hilda M. Harris, 32, M.S.Ed. (Henderson State College), In
structor of Secondary Education at a salary rate of $11,250 for nine
months, effective Fall Semester, 1975.
Dr. William C. Heeney, 40, Ph.D. (University of Texas-Austin),
Assistant Professor of Secondary Education at a salary rate of
$14,750 for nine months, effective Fall Semester, 1975.
10. Department of Sociology
Dr. James E. Corbin, 33, Ph.D. (Washington State University), As
sistant Professor of Sociology at a salary rate of $13,000 for nine
months, effective Fall Semester, 1975.
Dr. Joy B. Reeves, 37, Ph.D. (Louisiana State University), Assis
tant Professor of Sociology at a salary rate of $6,750 (50% time)
for nine months, effective Fall Semester, 1975.
11. Division of Student Affairs
Mrs. Karen L. Langford, 25, Administrative Secretary, Vice President
for Student Affairs, at a salary rate of $500 per month, effective
May 19, 1975.
12. Comptroller's Office
Mr. Douglas 0. Hughes, 29, Assistant Comptroller for Systems, at
a salary rate of $18,000 for twelve months, effective September 1,
1975. F
74-171
Upon motion of Regent Wright, seconded by Regent Cullum, with all members
voting aye, it was ordered that the following resignations be accepted:
1. Department of General Business
Mr. Patrick Michael Conn, Instructor of General Business, effective
April 11, 1975. Mr. Conn's leave of absence has expired. He resigned
to continue his doctoral work at the University of Arkansas.
Mr. John Jack Yarbrough, Associate Professor of General Business,
effective May 1, 1975. Mr. Yarbrough has been appointed Judge of
the newly created Nacogdoches County Court at Law.
29-5
2. Department of Geography
Mr. George Richard Syring, Assistant Professor of Geography,
effective May 31, 1975. Due to financial exigency within the
Department, Mr. Syring's contract was not renewed.
3. Department of Home Economics
Ms. Mary Ruth McKinney, Instructor of Home Economics, effective
May 31, 1975. Ms. McKinney has accepted other employment.
4. Department of Physics
Mr. Leonard M. Earls, Machinist, effective August 20, 1975.
Mr. Earls has enrolled in a degree program at Texas A§M University.
5. University Library
Ms. Gloria Frye, Special Collections.Librarian, effective July 9,
1975. Ms. Frye has accepted other employment.
6. Division of Student Affairs
Mrs. Cynthia R. Grissom, Administrative Secretary to the Vice
President for Student Affairs, effective May 31, 1975. Mrs. Grissom
is moving to Arlington.
7. University Computer Center
Mr. Algie F. Trussell, Director of University Computer Center,
effective July 31, 1975. Mr. Trussell has accepted other employ
ment. F *
74-172
Upon motion of Regent Justice, seconded by Regent Gray, with all members
voting aye, it was ordered that the following requests for leave be
granted:
1. Department of Accounting
Ms. Evelyn Christine Clay, Instructor of Accounting, effective
May 18, 1975, for the 1975-76 academic year. Ms. Clay has enrolled
in an accepted Ph.D. program.
2. Department of Agriculture
Dr. Thurman T. Thomas, Associate Professor of Agriculture, ef
fective Fall Semester, 1975. Dr. Thomas has accepted a Visiting
Lectureship at the Iowa State University for the 1975-76 academic
year.
29-6
74-173
Upon motion of Regent Bryce, seconded by Regent Cullum, with all members
voting aye, it was ordered that the following returns from leave be
accepted:
1. Department of Music
Mr. Stephen K. Goacher, Assistant Professor of Music, at a salary
rate of $14,250 for nine months, effective Fall Semester, 1975. Mr.
Goacher has satisfied residency requirements for the Ph.D. degree at
Indiana University.
74-174
Upon motion of Regent Perkins, seconded by Regent Wright, with all members
voting aye, it was ordered that the following changes in status be ap
proved:
1. Department of Accounting
Ms. Peggy Self, from Instructor (25% time) in Accounting to
Graduate Interne in Accounting (100%) time) at a salary rate of
$9,250 for nine months, effective Fall Semester, 1975.
2. Department of English and Philosophy
Dr. Sybil Wyatt, Professor of English, from 100% time to 25% time, at
a salary rate of $5,687 for nine months, effective Fall Semester,
1975.
3. Department of Home Economics
Ms. Dennie L. Lindsey, Instructor of Home Economics, from 50% to
100% time at a salary rate of $10,500 for nine months, effective
Fall Semester, 1975. Ms. Lindsey will replace Ms. McKinney who has
resigned.
Ms. Betsy C. Shaw, Instructor of Home Economics, to 50% time at
a salary rate of $4,913 for nine months, effective Fall Semester,
1975. Ms. Shaw will serve as partial replacement for Ms. Lydia
Roper who is on leave.
4. Physical Plant
Mr. Billy W. McGuire, from hourly employee as an air conditioning
mechanic to a plumbing foreman at a salary rate of $10,920 for
twelve months, effective May 8, 1975.
Mr. Donald Wayne Scales, plumbing foreman, from a salary rate of
$9,360 for twelve months, to an hourly employee as a plumber, ef
fective May 8, 1975.
29-7
74-175
Upon motion of Regent Justice, seconded by Regent Gray, with all members
voting aye, it was ordered that the following retirement be accepted:
1. Division of Student Affairs
Mr. Jessie A. Partin, 65, Food Production Supervisor, East College
Cafeteria, effective May 31, 1975. Mr. Partin is retiring.
74-176
Upon motion of Regent Perkins, seconded by Regent Justice, with all
members voting aye, it was ordered that a committee be established to
study needs for and action to be taken on the future of the athletic
program. Regents Bryce and Perkins were appointed as co-chairmen
of the committee with Regents Wright, Gray, and Golden serving as members.
74-177
Upon motion of Regent Perkins, seconded by Regent Wright, with all members
voting aye, it was ordered that the following budget adjustments for
1974-75 be approved:
Total $431,300
74-178
Upon motion of Regent Bryce, seconded by Regent Golden, with all members
voting aye, it was ordered that the proposed budget of the University for
the fiscal year beginning September 1, 1975 (showing estimated funds
available of $26,004,097 and estimated budget requirements of $24,261,009)
be approved.
74-179
Upon motion of Regent Gray, seconded by Regent Justice, with all members
voting aye, it was ordered that Change Order No. 1 in the amount of $2,885
on the contract for the mechanical renovation of the University Center
be approved and that the Chairman of the Board be authorized to sign
the forms.
74-180
Upon motion of Regent Perkins, seconded by Regent Wright, with all members
voting aye, it was ordered that the bid of the Green Insurance Agency of
Nacogdoches (representing the Continental Insurance Company) for insurance
on pledged revenue properties, fleet, boilers, and fidelity bonds be
accepted.
29-8
74-181
Upon motion of Regent Justice, seconded by Regent Cullum, with all members
voting aye, it was ordered that any two of the following signature names
be authorized to sign state vouchers and local fund checks for any and
all funds for the period September 1, 1975 to August 31, 1977:
R. W. Steen President of the University
C. G. Haas Vice President for Fiscal Affairs
0. J. Ehrlich Comptroller
Travis Whitaker Business Manager
74-182
Upon motion of Regent Bryce, seconded by Regent Wright, with all members
voting aye, it was ordered that R. W. Steen, President of the University,
be authorized to approve official travel within the state or out of the
state for the period September 1, 1975 to August 31, 1977, and in the
event of his extended absence, C. G. Haas, Vice President for Fiscal
Affairs, be authorized to approve such travel.
74-183
Upon motion of Regent Bryce, seconded by Regent Wright, with all members
voting aye, it was ordered that C. G. Haas, Secretary to the Board of
Regents, be authorized to approve travel vouchers of members of the Board
of Regents.
74-184
Upon motion of Regent Bryce, seconded by Regent Cullum, with all members
voting aye, it was ordered that the residence hall and apartment rates
on the following page be approved for the academic year 1975-76.
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10
STEPHEN F. AUSTIN STATE UNIVERSITY
Nacogdoches, Texas
ROOM AND BOARD RATES FOR 1975-76
Dormitory
No. and Name
j -
| 1 Unit 1
J 2 Unit 2
! 3 Unit 3
, 5 Wisely Hall
I 7 Todd Hall
8 Gibbs Hall
9 North Dorm
10 Dorm 10
II Mays Hall
12 South Dorm
13 Dorm 13
14 Dorm 14
15 Griffith Hall
16 Dorm 16
17 Steen Hall
18 Kerr Hall
Fall or Spring Semester
75 Day, 15 Meals W/7 Day, 13 Meals W/7 Day, 20 Meals"
$465.00
465.00
465.00
465.00
510.00
465.00
518.00
510.00
465.00
518.00
518.00
518.00
510.00
518.00
518.00
518.00
$470.00
470.00
470.00
470.00
515.00
470.00
523.00
515.00
470.00
523.00
523.00
523.00
515.00
523.00
523.00
523.00
$485.00
485.00
485.00
485.00
530.00
485.00
538.00
530.00
485.00
538.00
538.00
538.00
530.00
538.00
538.00
538.00
Summer Term
W/7 Day, 20
Meals (6 wks.)
$185.00
185.00
185.00
185.00
200.00
185.00
204.00
200.00
185.00
204.00
204.00
204.00
200.00
204.00
204.00
204.00
Apartments (without meals)
Nos.
D. 19
Faculty
1
74
127
200
1
1
70
96
166
299
133
16
Rent for Month*
$ 77.50
93.50
93.50
105.00
137.50
145.00
♦Apartment rent includes utilities, television cable; excludes telephone except in the
►Garner Apartments (#19) which has the Centrex system. P
For Accounting Purposes Only:
Weals
.toorns (1,2,3,5,8,11)
(7, 10, 15 )
(9,12,13,14,16,
17 and 18) 223.00 223.00 223.00 89.00
[ncrease over 1974-75 - average of 10%
29-10
11
74-185
Upon motion of Regent Golden, seconded by Regent Perkins, with all members
voting aye, it was ordered that the rules and regulations appearing in the
1975 edition of the Student Handbook be adopted.
74-186
Upon motion of Regent Gray, seconded by Regent Bryce, with all members
voting aye, it was ordered that the contract with Kent, Marsellos and
Scott for planning and supervising the limited renovation of the Science
Building be approved and the Chairman of the Board be authorized to sign
the contract.
29-11
12
CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
THIS AGREEMENT made as of the Twenty Sixth day of July in
the year Nineteen Hundred and Seventy Five and between the BOARD OF
REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS acting herein by and through its President, hereinafter called the Owner,
and KENT-MARSELLOS-SCOTT, ARCHITECTS-ENGINEERS, Lufkin, Texas
hereinafter called the Architect.
WITNESSETH, whereas the Owner intends to erect on the campus of
Stephen F. Austin State University, Nacogdoches, Texas, RENOVATION
SCIENCE BUILDING, hereinafter called the Project.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
I. The Architect shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as follows:
a) For the Architect's Basic Services, as described in Para
graph 1.1; Ten and .64/100 Per Cent (10.64%) of the project
construction cost; hereinafter referred to as the Basic Rate;
and such
29-12
13
other payments and reimbursements as may hereinafter
be provided, but all such payments and every payment
herein provided shall be from Legislative Appropriation
and other funds available to the Owner for expenditure
for the use and benefit of Stephen F. Austin State University.
b) For the Architect's Additional Services as described in
Paragraph 1.3 Compensation for Principals, employees,
and consultants time as agreed upon between the Owner
and the Architect.
c) For the Architect's Reimbursable Expenses, amounts
expended as defined in Article 5.
Ill. The Architect and the Owner further agree to the following Terms
and Conditions:
ARTICLE 1
ARCHITECT'S SERVICES
1.1 BASIC SERVICES
The Architect's Basic Services consist of the five phases described
below and include normal structural, mechanical and electrical engi
neering services and any other services included in Article 14 as
Basic Services.
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14
SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished by the Owner to
ascertain the requirements of the Project and shall confirm such re
quirements to the Owner.
1.1.2 Based on the mutually agreed upon program, the Architect shall pre
pare Schematic Design Studies consisting of drawings and other docu
ments illustrating the scale and relationship of Project components for
approval by the Owner.
1.1.3 The Architect shall submit to the Owner a Statement of Probable Con
struction Cost based on current area, volume or other unit costs.
DESIGN DEVELOPMENT PHASE
1.1.4 The Architect shall prepare from the approved Schematic Design Studies,
for approval by the Owner, the Design Development Documents consist
ing of drawings and other documents to fix and describe the size and
character of the entire Project as to structural, mechanical and electri
cal systems, materials and such other essentials as may be appropriate.
1.1.5 The Architect shall submit to the Owner a further Statement of Prob
able Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved Design Development
Documents, for approval by the Owner, Drawings and Specifications
setting forth in detail the requirements for the construction of the
29-14
15
entire Project including the necessary bidding information, and shall
assist in the preparation of bidding forms, the Conditions of the Con
tract, and the form of Agreement between the Owner and the Contractor.
1.1.7 The Architect shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cost indicated by changes in re
quirements or general market conditions.
1.1.8 The Architect shall assist the Owner in filing the required documents
for the approval of governmental authorities having jurisdiction over
the Project.
BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following the Owner's approval of the Construction
Documents and of the latest Statement of Probable Construction Cost,
shall assist the Owner in obtaining bids or negotiated proposals, and
in awarding and preparing construction contracts.
CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1.1.10 The Construction Phase will commence with the award of the Construc
tion Contract and will terminate when the final Certificate for Payment
is issued to the Owner.
1.1.11 The Architect shall provide Administration of the Construction Con
tract as set forth in ALA Document A201, General Conditions of the
Contract for Construction, and the extent of his duties and respon
sibilities and the limitations of his authority as assigned thereunder
shall not be modified without his written consent.
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16
1.1.12 The Architect, as the representative of the Owner during the Con
struction phase, shall advise and consult with the Owner and all of
the Owner's instructions to the Contractor shall be issued through
Architect. The Architect shall have authority to act on behalf of the
Owner to the extent provided in the General Conditions unless other
wise modified in writing .
1.1.13 The Architect shall at all times have access to the Work wherever it is
in preparation or progress.
1.1.14 The Architect shall make periodic visits to the site to familiarize him
self generally with the progress and quality of the Work and to deter
mine in general if the Work is proceeding in accordance with the Con
tract Documents . On the basis of his on-site observations as an
architect, he shall endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor. The Architect shall not be
required to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. The Architect shall not be respon
sible for construction means, methods, techniques, sequences or pro
cedures, or for safety precautions and programs in connection with the
Work, and he shall not be responsible for the Contractor's failure to
carry out the Work in accordance with the Contract Documents.
1.1.15 Based on such observations at the site and on the Contractor's Appli
cations for Payment, the Architect shall determine the amount owing to
the Contractor and shall issue Certificates for Payment in such amounts,
29-16
17
The issuance of a Certificate for Payment shall constitute a representa
tion by the Architect to the Owner, based on the Architect's observations
at the site as provided in Subparagraph 1 ,1.14 and the data comprising
the Application for Payment, that the Work has progressed to the point
indicated; that to the best of the Architect's knowledge, information
and belief, the quality of the Work is in accordance with the Contract
Documents (subject to an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, to the results of any
subsequent tests required by the Contract Documents, to minor devia
tions from the Contract Documents correctable prior to completion, and
to any specific qualifications stated in the Certificate for Payment); and
that the Contractor is entitled to payment in the amount certified. By
issuing a Certificate for Payment, the Architect shall not be deemed to
represent that he has made any examination to ascertain how and for what
purpose the Contractor has used the moneys paid on account of the Con
tract Sum.
1.1.16 The Architect shall be, in the first instance, the interpreter of the re
quirements of the Contract Documents and the impartial judge of the per
formance thereunder by both the Owner and Contractor. The Architect
shall make decisions on all claims of the Owner or Contractor relating
to the execution and progress of the Work and on all other matters or
questions related thereto. The Architect's decisions in matters relating
to artistic effect shall be final if consistent with the intent of the Con
tract Documents.
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18
1.1.17 The Architect shall have authority to reject Work which does not con
form to the Contract Documents . Whenever, in his reasonable opinion,
he considers it nece&sary or advisable to insure the proper implemen
tation of the intent of the Contract Documents, he will have authority
to require special inspection or testing of any Work in accordance with
the provisions of the Contract Documents whether or not such Work be
then fabricated, installed or completed.
1.1.18 The Architect shall review and approve shop drawings, samples, and
other submission of the Contractor only for conformance with the design
concept of the Project and for compliance with the information given in
the Contract Documents.
1.1.19 The Architect shall prepare Change Orders.
1.1.20 The Architect shall conduct inspections to determine the Dates of Sub
stantial Completion and final completion, shall receive and review
written guarantees and related documents assembled by the Contractor,
and shall issue a final Certificate for Payment.
1.1.21 The Architect shall not be responsible for the acts or omissions of the
Contractor, or any Subcontractors, or any of the Contractor's or Sub
contractors' agents or employees, or any other persons performing any
of the Work.
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2.1 If more extensive representation at the site than is described under Sub-paragraphs
1.1.10 through 1.1.21 inclusive is required, and if the
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Owner and Architect agree, the Architect shall provide one or more
Full-Time Project Representatives to assist the Architect.
1.2.2 Such Full-Time Project Representatives shall be selected, employed
and directed by the Architect, and the Architect shall be compensated
therefor as mutually agreed between the Owner and the Architect as
set forth in an exhibit appended to this Agreement.
1.2.3 The duties, responsibilities and limitations of authority of such Full-
Time Project Representatives shall be set forth in an exhibit appended
to this Agreement.
1.2.4 Through the on-site observations by Full-Time Project Representativ
es of the Work in progress, the Architect shall endeavor to provide
further protection for the Owner against defects in the Work, but the
furnishing of such project representation shall not make the Architect
responsible for construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs, or for the
Contractor's failure to perform the Work in accordance with the Con
tract Documents.
1.3 ADDITIONAL SERVICES
The following Services shall be provided when authorized in writing
by the Owner, and they shall be paid for by the Owner as hereinbefore
provided.
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1.3.1 Providing analyses of the Owner's needs, and programming the re
quirements of the Project.
1.3.2 Providing financial feasibility or other special studies.
1.3.3 Providing planning surveys, site evaluations, environmental studies
or comparative studies of prospective sites.
1.3.4 Providing design services relative to future facilities, systems and
equipment which are not intended to be constructed as part of the
Project.
1.3.5 Providing services to investigate existing conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings
or other information furnished by the Owner.
1.3.6 Providing Detailed Estimates of Construction Cost or detailed quantity
surveys or inventories of material, equipment and labor.
1.3.7 Providing services for planning tenant or rental spaces.
1.3.8 Making revisions in Drawings, Specifications or other documents
when such revisions are inconsistent with written approvals or in
structions previously given and are due to causes beyond the control
of the Architect.
1.3.9 Making investigations involving detailed appraisals and valuations of
existing facilities, and surveys or inventories required in connection
with construction performed by the Owner.
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1.3.10 Providing consultation concerning replacement of any Work damaged
by fire or other cause during construction, and furnishing profess
ional services of the type set forth in Paragraph 1.1 as may be required
in connection wiui the replacement of such Work.
1.3.11 Providing professional services made necessary by the default of the
Contractor or by major defects in the Work of the Contractor in the
performance of the Construction Contract.
1.3.12 Providing extensive assistance in the utilization of any equipment or
system such as initial start-up or testing, adjusting and balancing,
preparation of operation and maintenance manuals, training personnel
for operation and maintenance, and consultation during operation.
1.3.13 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
1.3.14 Providing services of professional consultants for other than the
normal structural, mechanical and electrical engineering services for
the Project.
1.3.15 Providing any other services not otherwise included in this Agree
ment or not customarily furnished in accordance with generally accept
ed architectural practice.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information, including a complete pro
gram, regarding his requirements for the Project.
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2.2 The Owner shall designate, when necessary, a representative author
ized to act in his behalf with respect to the Project. The Owner shall
examine documents submitted by the Architect and shall render de
cisions pertaining thereto promptly, to avoid unreasonable delay in
the progress of the Architect's services.
2.3 The Owner shall furnish a certified land survey of the site giving, as
applicable, grades and lines of streets, alleys, pavements and adjoin
ing property; rights-of-way, restrictions, easements, encroachments,
zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and complete data pertaining to existing buildings, other
improvements and trees; and full information concerning available
service and utility lines both public and private, above and below
grade, including inverts and depths.
2 .4 The Owner shall furnish the services of a soils engineer or other con
sultant when such services are deemed necessary by the Architect, in
cluding reports, test borings, test pits, soil bearing values, percola
tion tests, air and water pollution tests, ground corrosion and resistiv
ity tests and other necessary operations for determining subsoil, air
and water conditions, with appropriate professional recommendations.
2.5 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents.
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2.6 The Owner shall furnish such legal, accounting, and insurance coun
seling services as may be necessary for the Project, and such audit
ing services as he may require to ascertain how or for what purposes
the Contractor has used the moneys paid to him under the Construction
Contract.
2.7 The services, information, surveys and reports required by Para
graphs 2.3 through 2.6 inclusive shall be furnished at the Owner's
expense, and the Architect shall be entitled to rely upon the accuracy
and completeness thereof.
2.8 If the Owner becomes aware of any default or defect in the Project or
non-conformance with the Contract Documents, he shall give prompt
written notice thereof to the Architect.
2.9 The Owner shall furnish information required of him as expeditiously
as necessary for the orderly progress of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 If the Construction Cost is to be used as the basis for determining the
Architect's Compensation for Basic Services, it shall be the total cost
or estimated cost to the Owner of all Work designed or specified by the
Architect. The Construction Cost shall be determined as follows, with
precedence in the order listed:
3.1.1 For completed construction, the cost of all such Work, including costs
of managing construction;
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3.1.2 For Work not constructed, (1) the lowest bona fide bid received from
a qualified bidder for any or all of such Work; or (2) if the Work is
not bid, the bona fide negotiated proposal submitted for any or all of
such Work; or
3.1.3 For Work for which no such bid or proposal is received, (1) the latest
Detailed Estimate of Construction Cost if one is available, or (2) the
latest Statement of Probable Construction Cost.
3.2 Construction Cost does not include the compensation of the Architect
and his consultants, the cost of the land, rights-of-way, or other costs
which are the responsibility of the Owner as provided in Paragraphs
2.3 through 2 .6 inclusive.
3.3 The cost of labor, materials and equipment furnished by the Owner for
the Project shall be included in the Construction Cost at current market
rates including a reasonable allowance for overhead and profit.
3.4 Statement of Probable Construction Cost and Detailed Cost Estimates
prepared by the Architect represent his best judgment as a design
professional familiar with the construction industry. It is recognized,
however, that neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the contractors1 methods
of determining bid prices, or over competitive bidding or market con
ditions. Accordingly, the Architect cannot and does not guarantee that
bids will not vary from any Statement of Probable Construction Cost or
other cost estimate prepared by him.
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3.5 When a fixed limit of Construction Cost is established as a condition of
this Agreement, it shall be in writing signed by the parties and shall
include a bidding contingency of ten percent unless another amount is
agreed upon in writing. When such a fixed limit is established, the
Architect shall be permitted to determine what materials, equipment,
component systems and types of construction are to be included in the
Contract Documents, and to make reasonable adjustments in the scope
of the Project to bring it within the fixed limit. The architect may also
include in the Contract Documents alternate bids to adjust the Construc
tion Cost to the fixed limit.
3.5.1 If the Bidding or Negotiating Phase has not commenced within six months
after the Architect submits the Construction Documents to the Owner,
any fixed limit of Construction Cost established as a condition of this
Agreement shall be adjusted to reflect any change in the general level
of prices which may have occurred in the construction industry for the
area in which the Project is located. The adjustment shall reflect changes
between the date of submission of the Construction Documents to the
Owner and the date on which proposals are sought.
3.5.2 When a fixed limit of Construction Cost, including the Bidding contin
gency (adjusted as provided in Subparagraph 3.5.1, if applicable),
is established as a condition of this Agreement and is exceeded by the
lowest bona fide bid or negotiated proposal, the Detailed Estimate of
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Construction Cost or the Statement of Probable Construction cost, the
Owner shall (1) give written approval of an increase in such fixed
limit, within a reasonable time, or (2) cooperate in revising the Pro
ject scope and quality as required to reduce the Probable Construction
Cost. In the case of (2) the Architect, without additional charge, shall
modify the Drawings and Specifications as necessary to bring the Con
struction Cost within the fixed limit. The providing of such service
shall be the limit of the Architect's responsibility in this regard, and
having done so, the Architect shall be entitled to compensation in accord
ance with this Agreement.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
Direct Personnel Expense is defined as the salaries of professional,
technical and clerical employees engaged on the Project by the Architect,
and the cost of their mandatory and customary benefits such as statutory
employee benefits, insurance, sick leave, holidays, vacations, pensions
and similar benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the
Architect, his employees, or his professional consultants in the interest
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27
of the Project for the expenses listed in the following Subparagraphs:
5.1.1 Fees paid for securing approval of authorities having jurisdiction over
the Project.
5.1.2 Expense of reproductions, postage and handling of Drawings and Speci
fications excluding duplicate sets at the completion of each Phase for
the Owner's review and approval.
5.1.3 Expense of computer time when used in connection with Additional
Services.
ARTICLE b
PAYMENTS TO THE ARCHITECT
6.1 Payments on account of the Architect's Basic Services shall be made as
follows:
6.1.1 Payments for Basic Services shall be made in proportion to services
performed so that the compensation at the completion of each Phase,
except when the compensation is on the basis of a Multiple of Direct
Personnel Expense, shall equal the following percentages of the total
Basic Compensation:
Schematic Design 15%
Design Development Phase 35%
Construction Documents Phase 75%
Bidding or Negotiation Phase 80%
Construction Phase 100%
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6.2 Payments for Additional Services of the Architect as defined in Para
graph 1.3, and for Reimbursable Expenses as defined in Article 5,
shall be made monthly upon presentation of the Architect's statement of
services rendered.
6.3 No deductions shall be made from the Architect's compensation on ac
count of penalty, liquidated damages, or other sums withheld from
payments to contractors.
6.4 If the Project is abandoned in whole or in part, the Architect shall be
paid his compensation for services performed prior to receipt of written
notice from the Owner of such suspension or abandonment, together
with Reimbursable Expenses then due and all termination expenses as
defined in Paragraph 8.3 resulting from such suspension or abandon
ment.
6.5 Payments due the Architect under this Agreement shall bear interest at
the legal rate commencing sixty days after the date of billing.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertaining to Addi
tional Services on the Project and for services performed on the basis
of a Multiple of Direct Personnel Expense shall be kept on a generally
recognized accounting basis and shall be available to the Owner or
his authorized representative at mutually convenient times.
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ARTICLE 8
TERMINATION OF AGREEMENT
8.1 This Agreement may be terminated by either party upon seven days1
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the party initiating the
termination.
8.2 In the event of termination due to the fault of parties other than the
Architect, the Architect shall be paid his compensation for services
performed to termination date, including Reimbursable Expenses then
due and all termination expenses.
8.3 Termination Expenses are defined as Reimbursable Expenses directly
attributable to termination, plus an amount computed as a percentage
of the total compensation earned to the time of termination, as follows:
20 percent if termination occurs during the Schematic
Design Phase; or
10 percent if termination occurs during the Design De
velopment Phase; or
5 percent if termination occurs during any subsequent
phase.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are and shall
remain the property of the Architect whether the Project for which they
are made is executed or not. They are not to be used by the Owner on
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30
other projects or extensions to this Project except by agreement in
writing and with appropriate compensation to the Architect.
ARTICLE 10
SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his partners,
successors, assigns and legal representatives to the other party to
this Agreement and to the partners, successors, assigns and legal
representatives of such other party with respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall assign,
sublet or transfer his interest in this Agreement without the written
consent of the other .
ARTICLE 11
ARBITRATION
11.1 All claims, disputes and other matters in question between the parties
to this Agreement, arising out of, or relating to this Agreement or the
breach thereof, shall be decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbitration
Association then obtaining unless the parties mutually agree otherwise,
No arbitration, arising out of, or relating to this Agreement, shall
include, by consolidation, joinder or in any other manner, any addi
tional party not a party to this Agreement except by written consent
29-30
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containing a specific reference to this Agreement and signed by all
the parties hereto. Any consent to arbitration involving an addi
tional party or parties shall not constitute consent to arbitration of
any dispute not described therein or with any party not named or
described therein. This Agreement to arbitrate and any agreement
to arbitrate with an additional party or parties duly consented to by
the parties hereto shall be specifically enforceable under the pre
vailing arbitration law.
11.2 Notice of the demand for arbitration shall be filed in writing with
the other party to this Agreement and with the American Arbitra
tion Association. The demand shall be made within a reasonable time
after the claim, dispute or other matter in question has arisen. In
no event shall the demand for arbitration be made after the date
when institution of legal or equitable proceedings based on such claim,
dispute or other matter in question would be barred by the applicable
statute of limitations.
11.3 The award rendered by the arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in any court
having jurisdiction thereof.
29-31
ARTICLE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement
between the Owner and the Architect and supersedes all prior
negotiations, representations or agreements, either written or
oral. This Agreement may be amended only by written instrument
signed by both Owner and Architect.
ARTICLE 13
GOVERNING LAW
Unless otherwise specified, this Agreement shall be governed by
the law of the principal place of business of the Architect.
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NUMBER OR COUNTERPART COPIES
This Contract is executed in four counterparts.
IN WITNESS WHEREOF the parties hereto have made and executed this
Agreement, the day and year first above written.
BOARD OF REGENTS
STEPHEN F . AUSTIN STATE UNIVERSITY
ATTEST:
Secretary
President of the Board
KENT, MARSELLOS AND SCOTT
ARCHITECTS -ENGINEERS
By.
/
29-33
74-187
Upon motion of Regent Gray, seconded by Regent Perkins, with all members
voting aye, it was ordered that the University be authorized to plan and
obtain bids to acquire a new campus flag pole and the Building Committee
be authorized to approve the expenditure as it finds appropriate.
74-188
Upon motion of Regent Gray, seconded by Regent Perkins, with all members
voting aye, it was ordered that the University be authorized to advertise
tor and accept bids for the removal of the Birdwell Annex and the
building at 627 Starr Avenue (formerly the President's home) from the
campus.
74-189
Upon motion of Regent Justice, seconded by Regent Perkins, with all members
voting aye, it was ordered that the depository agreements with Lufkin
National Bank, First Bank and Trust (Lufkin), Stone Fort National Bank,
Commercial National Bank, and Fredonia State Bank be extended for two
years and that the President of the University be authorized to sign the
agreements.
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DEPOSITORY CONTRACT
STATE OF TEXAS
COUNTY OF NACOGDOCHES
WHEREAS, The Commercial National _Bank of Nacogdoches
Texas, has been duly designated by the Board of Regents of StepheTT. Austin State
University, as a depository for funds belonging to Stephen F. Austin State University
of Nacogdoches, Texas, and said Board of Regents, acting herein by and through the
Chairman and Secretary of said Board thereunto duly authorized, and hereinafter
referred to as Board of Regents and the Commercial National Bank
of Nacogdoches , Texas, a banking corporation, acting herein by
SUnnJr^n8 ltS Pr0Per officers, thereunto duly authorized, and hereinafter called
DEPOSITORY, agree that:
I.
In consideration of such designation, the Depository agrees to and with the
Board of Regents that it will act as depository for all funds that may be deposited
with it by Stephen F. Austin State University of Nacogdoches, Texas, at any time
from September 1, 1975through August 31, 1977.
II.
It is further agreed that the Depository, will secure such funds belonging
to Stephen F. Austin State University by depositing and pledging bonds or securities
acceptable to the State Treasurer, in an amount at all times equal to one hundred
per cent of any and all sums of money which may be on deposit with said Depository
to the credit of Stephen F. Austin State University and that such securities so
pledged shall be deposited with the NATIONAL BANK OV nfiMMBBrK Bank
of Dallas , Texas, hereinafter called TRUSTEE. Such securities
so deposited with Trustee shall be held under joint Trust Receipt issued by said
Trustee in favor of Depository and Board of Regents, the original of such receipt
shall be filed with the chief fiscal officer of Stephen F. Austin State University
who shall approve of the release of same.
III. ,
In the event the Depository named shall be unable to pay or shall fail to
pay and satisfy upon presentment for payment any check or draft lawfully drawn
upon any existing fund of Stephen F. Austin State University, then the Board of
Regents shall have the right and power any time thereafter to procure the entire
amount of money then on deposit in said Depository belonging to Stephen F. Austin
State' University, by forced sale of the collateral pledged, and said Trustee is
hereby directed on demand of the Board of Regents to surrender such pledged
securities to the Board of Regents, and the Board of Regents is hereby fully
29-35
36
authorized and empowered to proceed with the sale of such securities to the
extent necessary to permit the Board of Regents to receive in full its casli
balances theretofore in such Depository, and the money derived from such sale
shall be the property of Stephen F. Austin State University in an amount equal
to the funds of Stephen F. Austin Stntc University in the Depository, and any
amount in excess thereof shall be the property of the Depository. Such sales
may be public or private and may be made in Nacogdochcs, Texas, or elsewhere,
at the discretion of the Board of Regents, and shall convey such securities
absolutely to the purchaser thereof and no notice of such sale shall be
necessary,
IV.
It is agreed that said Depository shall have the privilege of substituting
or changing the securities herein pledged as occasion may require, subject, how
ever, to the approval of the Chief Fiscal Officer of the institution or his
representative.
V.
It is further agreed herein that the Trustee shall credit to the De
pository, the proceeds of interest coupons on such bonds or securities as they
become due until otherwise notified by the Board of Regents. x
VI.
It is understood that the Trustee shall have no duty to ascertain the
amount of funds on deposit by the Board of Regents with the Depository nor the
validity or genuineness of securities deposited and that (1) under Article III
Trustee has no duty to verify the circumstances but solely to comply with the
"demand11 of Board of Regents. (2) Depository shall be entitled to income on
securities held by Trustee and Trustee may dispose of such income as directed
by Depository without approval of the Board of Regents.
VII.
It is agreed that the Depository shall pay interest on all funds deposited
with it as time deposits, at rates which are determined as of the date of the
deposits, to be based on the 'bid1 price for corresponding maturities of U. S.
Treasury Bills as shown in the latest publication available of the Wall Street
Journal. If the exact maturity date is not listed in the Journal, the nearest
date shown will be used.
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37
19 75 .
\ttcst:
WITNESS OUR HANDS AND OFFICIAL SEAL, this the 26 day of July
2
Mavi^Eaulkner, Cashier
\ttcst:
attest:
Title
Title
S. V. P.. & Title
Cashier
Approved as to Form:
By:
BANK IN NACOGDOCHES
Depository
4-4-
A aj
T. E. Choate, President Title
Board of Regents^ Stephen F. Austin State
University
By: -77 *
Chairman
NATIONAL BANK OF COMMERCE OF DALLAS
Trustee Bank
x Title
By:
Assistant Attorney General of Texas
29-37
38
WITNESS OUR HANDS AND OFFICIAL SEAL, this the 26 day of July
Bruce Morris, Vfce-fVesi & CashieiTitle
Attest:
Approved as to Form:
Title
STONE FORT NATIONAL BANK of Nocogdoches
Depository
X
E. W. Monk^ President Title
Board of Regents, Stephen F. Austin State
iversity
Chairman
REPUBLIC NATIONAL BANK OF DALLAS
Trustee Bank
By:
By:
SR. VICE PRESIDENT
AND TRUST OFFICER
Title
Assistant Attorney General of Texas
29-38
39
19 75 .
Attest:
WITNHSS OUR HANDS AND OFFICIAL SEAL, this the 26 clay of July
Val^.^ v
~J Title
Attest:
Attest:
—x)
Approved as to Form:
Title
/ Title
THE LUFKIN NATIONAL BANK
Depository
Title
Board of Regents^, Stephen F. Austin State
University
By: GlfrCJc . 1 c
Chairman
FIRST CITY NATIONAL BANK OF HOUSTON
Trustee Bank
'iK VOLOT AND tAf-^^Ti
By:
Assistant Attorney General of Texas
29-39
41
19 75 .
WITNRSS OUII HANDS AND OFFICIAL SEAL, this the 26 day of July
Attest:/'
Attest:
Attest:
Approved as to Form:
Title
Title
Title
FREDONIA STATE BANK, Nacogdoches, Texas
Depository
Cashier By: Vice President
Board of Rpgg
Title
^tcphcn F. Austin State
Chairman
Firot City \\:Hr--A r/i.-.l-; cf Mgl:::hr
I i- \i :'-'■.:•■'■•■) i > •' y
Trustee Bank
By:-^ ^,^^ I
By:
VICE PilLSlDLM AK3 CASHIER Title
Assistant Attorney General of Texas
29-41
42
74-190
Upon motion of Regent Bryce, seconded by Regent Wright, with all members
voting aye, it was ordered that the contract with Pigg Construction Com
pany in the amount of $528,152.00 for the renovation of Shelton Gym
nasium be approved and that the Chairman of the Board be authorized to
sign the contract.
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43
CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
THIS AGREEMENT, made this the Twenty-sixth day of July, Nineteen
hundred and seventy-five by and between the BOARD OF REGENTS,
STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES , TEXAS, acting
herein through its President, hereinafter called "Owner" and PIGG
CONSTRUCTION COMPANY, CENTER, TEXAS
hereinafter called "Contractor".
WITNESSETH, that the Contractor and the Owner for the con
siderations hereinafter named agree as follows:
1. The Contractor agrees to provide all of the materials, furnish the
labor, and do all things necessary to complete fully all of the work
shown on the Drawings and described in the Specifications entitled
REMODELLING SHELTON GYMNASIUM prepared by Kent-Marsellos-Scott,
Architects-Engineers, Lufkin, Texas acting as and in these Contract
Documents entitled the Architect; and shall do everything required by
this Agreement, the "General Conditions" of the Contract, the Drawings
and the Specifications.
2. The "General Conditions" of the Contract, the "Supplementary Conditions",
the Drawings and the Specifications, together with this Agreement,
29-43
44
form the Contract, and they are as fully a part of the Contract as
if hereto attached or herein repeated. The following is an enum
eration of the Specifications and Drawings:
Drawings and Specifications entitled REMODELLING SHELTON
GYMNASIUM, STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS, sheet and section numbers as listed in Paragraph 1.1 of "Supplementary
Conditions"; and the following:
Addendum No. 1 - Pages 1-27, dated June 1975
and Drawing Sheets SRM-1 & SRM-2 dated 6/27/75
Addendum No. 2 - Pages 1-5, dated July 10, 1975
Addendum No. 3 - Page 1, dated July 15, 1975
and Detail Sheet 7G/7B dated 7/14/75
Addendum No. 4 - Page 1, dated 7/21/1975
Addendum No. 5 - Page 1, dated 7/22/1975
Addendum No. 6 - Pages 1-2, dated 1/2Z/1S & Drawing R-12
1. This Contract is to cover the General Contract Work,
Plumbing, Heating and Air Conditioning and Electric Work, com
plete. The said Drawings, and each and all of said Specifications and
"General Conditions" are made a part of this Agreement for all
intents and purposes; provided that if anything in the said
"General Conditions" of the Contract is in conflict with this
Agreement; this Agreement shall control and govern.
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45
2. The work called for and included in this Agreement is to be
done under the direction of the Architect above named and his
determination of the true meaning and proper construction of the
Specifications shall be considered as final.
3. The work to be performed under this Contract shall be commenced
on or before a date to be specified in a written "Work Order11, and
shall be fully completed by June 1, 1976. The Contractor further
agrees to pay as liquidated damages the sum of $200.00 per day
for each consecutive calendar day thereafter the work remains
unfinished as specified in Paragraph 1.48 of "Supplementary Conditions"
and in Proposal.
4/ The Owner shall pay the Contractor for the performance of the
Contract, subject to additions and deductions provided herein,
the sum of Five Hundred Twenty-Eight Thousand, One Hundred Fifty-
Two Dollars ($528,152.00)
out of Funds available to the Owner for expenditure
for the use and benefit of Stephen F. Austin State University from
funds out of legislative appropriation and other funds available
to the Owner for expenditure for the use of Stephen F. Austin
State University.
The basis of the above contract price is as follows:
Base Bid - $528,152.00
The above contract price includes $14,720.00 for seating.
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46
The Owner shall make payments on account of the Contract as
provided therein as follows: On or about the last day of each month
ninety percent (90%) of the value, based on the Contract Price of
labor and materials incorporated in the work and of materials
suitably stored at the site thereof up to the first day of that month,
as estimated by the Architect, less the aggregate of previous
payments; and upon substantial completion of the entire work,
a sum sufficient to increase the total payments to ninety percent
(90%) of the Contract Price provided satisfactory evidence is
furnished that all payrolls, material bills and other indebtedness
connected with the work have been paid. The Owner at any time
after 50% of the work has been completed, if it finds that satis
factory progress is being made, may make any of the remaining
progress payments in full. Final payment shall be due thirty days
after substantial completion of the work provided the work be then
fully completed and the Contract fully performed. Upon receipt of
written notice that the work is ready for final inspection and accept
ance, the Architect shall promptly make such inspection, and when
he finds the work acceptable under the Contract and the Contract
fully performed he shall promptly issue a Final Certificate, over
his own signature, stating that the work provided for in this Contract
29-46
47
has been completed and is acceptable to him under the terms and
conditions thereof, and that the entire balance found to be due the
Contractor, and noted in the Final Certificate is due and payable.
Before issuance of Final Certificate the Contractor shall submit
evidence satisfactory to the Architect that all payrolls, material
bills and other indebtedness connected with the work have been paid.
5. The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100% of Contract Price;
on form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1. That Contractor shall faithfully perform his
Contract and fully indemnify and save Owner harmless
from all costs and damages which may be suffered by
reason of failure to do so, and fully reimburse and re
pay Owner all outlay and expense which Owner may incur
in making good any default.
2. That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and materials
save which persons shall have a direct action against
Contractor and the surety on his bond, subject to
Owner's priority.
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48
Surety Companies shall be on approved list of U . S .
Treasury Department of "Companies holding Certificates
of Authority from the Secretary of the Treasury under
the Act of Congress Approved July 30, 1957, as
Acceptable Sureties on Federal Bonds11 and within the
Underwriting limitations listed therein for any single
risk.
Bond shall comply with requirements of all state laws;
including those of Article 5160 Revised Civil Statutes
of Texas, 1925, as amended by House Bill 344, Acts
56th legislature, Regular Session, 1959, effective
April 27, 1959.
6. The Contractor shall effect, pay for and maintain during
the life of this Contract insurance acceptable to the Owner,
conforming to the following schedule:
a) Compensation and Employer's Liability Insurance:
As required by the laws of the State of Texas; Employer's
Liability Insurance, $500,000.00.
b) Comprehensive General Liability Insurance and Auto-mobile
Liability Insurance: In an amount not less than
$300,000.00 for injuries, including personal injury or
accidental death
29-48
49
to any one person, and in an amount not less than
$500,000.00 on account of one occurrence; Property Damage
Insurance in an amount not less than $300,000.00.
c) Include Broad Form Property Damage Insurance. Remove
"XCU" Exclusions (Explosion, collapse, underground
property damage) . Include damage to underground wiring,
conduits, piping.
d) Contractual Liability Insurance: As applicable to the
Contractor's obligations under Paragraph 4.18 of "General
Conditions". The Contractor shall obtain at his expense
Owner's Protective Liability Insurance Policy naming
the Owner and the Architect/Engineer as insured with
the following limits:
1. Bodily Injury
$300,000.00 (each person)
$500,000.00 (each occurrence)
2. Property Damage
$100,000.00 (each occurrence)
$300,000.00 Aggregate
e) Completed Operations: Continue coverage in force for
one year after completion of work.
29-49
50
f) Before commencement of operations hereunder, Con
tractor shall furnish to the Architect, photostatic copies
of the above mentioned insurance policies, together with
a certificate from the insurance carrier that the insurance
will not be cancelled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
7. Builder's Risk Insurance: The Owner shall provide Builder's Risk
Insurance (Fire, extended coverage, vandalism and malicious mischief)
as specified in Paragraph 1.6 of Specifications on a 100% completed value
basis in the names of the Contractor, Subcontractors, Owner and
Architect, as their interests appear.
The Owner will purchase and maintain such Steam Boiler Insurance
as may be required by the Contract Documents or by law. This insurance
shall include the interest of the Owner, the Contractor and Subcontractors
as their interests appear.
8. The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver said
improvements and premises, upon completion, to the Owner, free
and clear of all liens and claims for labor furnished or materials
used and other indebtedness whatsoever.
29-50
51
For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials:
Labor /3
Materials 3<?3
Total $ 528,152.00
29-51
52
IN WITNESS WHEREOF, the parties of these presents have ex
ecuted this Contract in four (4) counterparts, each of which shall be deemed
an original in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
PIGG CONSTRUCTION COMPANY
P.O. BOX 449
CENTER. TEXAS
Address
SEAL
By ^z^
READ AND EXAMINED: ,
\^/l<r~tffltf Secretary
Board of Regents, Stephen F . Austin State University
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms . Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
29-52
53
.PERFORMANCE BOND
(To be used in Texas as required by Chapter 93 of the
Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we (1)
Pigg Construction Company
Of (2) A Corporation hereinafter called
Principal and (3) Safeco Insurance Company of America
- State of Washinqtnr,
hereinafter called the Surety, are held and firmly bound into (4)
BOARD OF REGElxTTS^STEPHEN F. AUSTIN STATE UNIVERSITY
hereinafter call Owner, in the penal sum of
Five Hundred Twenty Eight Thousand One Hundred Fifty Two and No/100
DOLLARS ($_5.2ft.-Tv?.'no ■ +). in lawful money of the United
States, to be paid in (5) Nacoadoches County. Texas ,
for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that
V/hereas, the Principal entered into a certain Contract with (6)
BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
the Owner, dated the 26th:day of July A D
19—^» a coPy of which is attached hereto and made a part
hereof for the construction of:
29-53
54
Remodelling She1ton Gymnasium
(Herein called the "Work").
NOW, THEREFORE, if the Principal shall well,
truly and faithfully perform the work in accordance with the Plans,
Specifications and Contract Documents during the original term
thereof, and any extensions thereof which may be granted by the
Owner, with or without notice to the Surety, and, if he shall satis
fy all claims and demands incurred under such Contract, and shall
fully indemnify and save harmless the Owner from all costs and
damages which it may suffer by reason of failure to do so, and
shall reimburse and repay the Owner all outlay and expense which
the Owner may incur in making good any default, then this obli
gation shall be void; otherwise to remain in full force and effect.
NOW, THEREFORE, if the Principal shall repair any
and all defects in said work occasioned by and resulting from de
fects in materials furnished by, or workmanship of the Principal
in performing the work covered by said Contract, occurring within
a period of twelve (12) months from the date of the Contract Com
pletion Certificate, then this obligation shall be null and void,
otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed
upon this bond venue shall lie in Nacogdoches
County, State of Texas and that the said Surety, for value receiv^
hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract or to the work
to be performed thereunder or the Specifications accompanying
the same shall in any wise affect its obligation of this bond, and
xt does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract or to the work
or to the Specifications.
oursua t * f*0VIDLD> HOWEVER, that this bond is executed
pursuant to the provisions of Article 5160 of the Revised Civil
statutes of Texas as amended by Acts of the 56th Legislature,
1959, and all liabilities on this bond shall be determined in
accordance with the provisions of said Article to the same
extent as if it were copied at length.
29-54
55
IN WITNESS WHEREOF, this instrument is executed in four
counterparts, each one of which shall be deemed an original, this
the
2 6-th.
ATTEST:
day of July _A.D.f 19 7S-Jt
Wifcess as to Principal
Pigg Construction Company
Principal
(Principal) Secretary
SEAL
r
Franklin Pigg, Fresident
(Address)
ATTEST:
(Surety) Secretary
Safeco Insurance Company of America
BY
Attorney-in-Fact
E. L. Moore
Witness as/fo Surety
y^. Moore
5623' Enchanted Lane'
Address Dallasf TExas 7 52 27 *
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual, as case
may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
29-55
PAYMENT BOND CA
bo
(To be used in Texas as required by Chapter 93 of
the Ilegular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF_ NACOGDCCKES
KNOW ALL MEN BY THESE PRESENTS: That we
(1) Pigg Construction Company
a (2) Corporation
- Center, Texas
QI hereinafter called Principal and
(3) Safeco Insurance Company of ojonerica Seattle
State of Washington , hereinafter called the Surety,
are held and firmly bound unto,(4) ICAllD OF REGENTS.
STEPHEN F. AUSTIN STATE UNIVERSITY
hereinafter called Owner, unto all persons, firms, and corpora
tions who may furnish materials for, or perform labor upon the
building or improvements hereinafter referred to in the penal sum
of Five Hundred Twenty. Eigh.t Thousand Onfe Hundred Fifty Two and No/100
_DOLLARS ($ 5 2 8,■1,52.100.'. }
in lawful money of the United States, to be paid in (5)_ -
NACOGDOCHES COUNTY, TEXAS . for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
executors, administrators and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such
that V/hereas, the Principal entered into a certain contract with
(6) BOAAD OF REPENTS! STEPHEN F. AUSTIN STATE
UNIVERSITY , the Owner,
29-56
57
dated the 2£i& day of julv , A. D. , 19_7S_
a copy of which is hereto attached and made a part hereof for the
construction of: Re 'odeilmg Shelton Gymnasium
NOW THEREFORE, the condition of this obligation is
such that, if the Principal shall promptly make payment to all
claimants as defined in Article 5160 Revised Civil Statutes of
Texas, 1925, as amended by House Bill 344, Acts 56th Legislature
Regular Session, 1959, effective April 27, 1959, supplying labor
and materials in the prosecution of the work provided for in said
Contract, then this obligation shall be null and void; otherwise,
it shall remain in full force and effect.
This bond is made and entered into solely for the pro
tection of all claimants supplying labor and materials in the pro
secution of the work provided for in said Contract, and all such
claimants shall have a direct right of action under the bond as
provide in Article 5160, Revised Civil Statutes, 1925, as
amended by House Bill 344, Acts 56th Legislature, Regular
Session, 1959.
PROVIDED FURTHER, that if any legal action be
filed upon this bond, venue shall lie. in _Nacogdoches County.
State of Texas, and that the said Surety, for value received hereby
stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Contract or to the work to be per
formed thereunder or the Specifications accompanying the same
shall in any wise affect its obligation on this bond, and it does
hereby waive notice of any change, extension of time, alteration
or aodition to the terms of the Contract or to the work or to the
Specifications.
PROVIDED FURTHER, that no final settlement
between the Owner and the Contractor shall abridge the ri*ht
of any beneficiary hereunder, whose claim may be unsatisfied
29-57
58
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this the
2 6th.
ATTEST:
W/ftness as to Principal
day of July A.D., 19_2_s
Pigg Construction Company
Principal
(Principal) Secretary
SEAL
BY C^>
Franklin 3*igg, President
.Address
ATTEST:
(Surety) Secretary
Sajgeco Insurance Company of America
Surety
BY:
Attorney-in-Fact
E. L. Moore
Witness %fc to Surety
JMary E. Moore
5623' Enchanted Lane
Address Dallas f Texas 752217 \
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an Individual,
as case may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
29-58
SAFECO INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA, SEATTLE, WASHINGTON 98185 59
POWER OF ATTORNEY
1531
No.
KNOW ALL MEN BY THESE PRESENTS:
That Safeco Insurance Company of America, a Washington corporation, does hereby appoint
B, L. MOORE; PAT J. DUDLEY; MARY E. MOORE, Dallas, Texas
its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business, and to bind
Safeco Insurance Company of America thereby as fully as if such instruments had been duly executed by its regularly
elected officers at its home office.
IN WITNESS WHEREOF, Safeco Insurance Company of America has executed and attested these presents
27th February 73
this day of _ , 19
W D HAMMERSLA, SECRETARY
CERTIFICATE
Extract from the By-Laws of Safeco Insurance Company of America:
"Article VI, Section 12.-F1DELITY AND SURETY BONDS . . . the President, any Vice President, and the Secretary shall
each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on
behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the
course of its business .... On any instrument making or evidencing such appointment, the signatures may be affixed by
facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a
facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
Safeco Insurance Company of America adopted July 28, 1970
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article VI, Section 12 of the Bylaws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
1, W. D. Hammersla, Secretary of Safeco Insurance Company of America, do hereby certify that the foregoing extracts of
the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant
thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and
effect.
IN WITNESS WHEREOF, 1 have hereunto set my hand a n da f fixed the facsimile seal of said corporation
this Ul day of
W D, HAMMERSLA. SECRETARY
29-59
S-13OO 7/72 PRINTED IN U.S.A.
60
nf 3«sumutr
LJ
Date
Address
I\O. ),'.)>; •;.■;<<</OK1 II, I IXAS '/ C >! 1 i I $~y
SI 7- <s;,|1.>J i|-j,
m ?-.'t»s-.::4^ mi i uo /'^
I3"7I N ('! NT'K'U I.M'UI SSU'AV '-LI1
SLM'i I, 7J3. DALLAS.'! i X \S 752.M }'{,
(214) 238-04.? I !
(.M4) Jo.l-M.4l MKIKO /'■'!
4543 I'DST OAK I'LACI-DKIVI- Vi,
sunr. 2uu l-:i!
HOl!S'ION,TIiXAS 77027 £!|
715-f»27-231O :.
t°t -Rege^tS s*«i*eii F Austin This certificate applies to H
Universxty, Nacogdoches, Texas "' General Contract Work Including;
Mechanical Electrical pliuabiiKj",^'
•and other work in remodelling ;;|i
Shelton Gyxnnasium# ;:!
Tins is to certify that the policies designated below are in force on the date borne by this Certificate. J:jj
NAME OF INSURED
Address
KIND OF INSURANCIi
WORKMEN'S COMPLNSATION
Pigg Construction Company
Box: 449
Center, T* 75935
HOL1CY NO. liXPIRATION DATF
18CB801778
CPS
COMPREHENSIVE GENERAL LIABILITyX
!. Hodily Injury
independent contractors
completed operations
Blanket Contractural (as -
3escribed below)
AUTOMOBILE LIABILITY (not OWDOd )
Hig &
2. Property Damage
ft Exclusion (0) XCU Hasards
not apply
18AL 801778
CNS
ies
7-1-76
7-1-76
LIMITS OF LIABILITY
STATUTORY
E.L.$500,000.
* 500,000,
^00,000.
". 300,000.
* 300,000.
e;ich person
each occurrence
each occurrence
aggregate
? 300,000.
s500,000.
$ 300,000.
each person
each occurrence
each occurrence
This certificate of insurance neither affirmatively or negatively amends, extends or alters the coverace afforded
by pohcy numbers shown and issued by companies listed below. "Blanket conirac*ural. t&Oad f OXtt
property damage are afforded by the above policies
the Dartve to whZ "!ateria'cfhanf .in or cancellation of saidPolicies, the Company-ies .shown below will notify
SLthi nSil 15 S Cei^lflcatr! « jessed ot such change or cancellation. Cancellation is not to become
eitcctive until _xo days after the notlce has boen received by the addressee and the insured.
INSURANCE COMPANY-IES ISSUING COVEMACIi
Aetna Casualty ?< Surety Company
Management
Insurance Systems
AGENTS / MANAGERS
AN M I j£ COMPANY
CC Kent Marsellos & Scott
n
k
■:n\
I
^. ,^_ . ^ AUTHORIZED REPRESENTATIVE" r>:J;
29-60
61
74-191
Upon motion of Regent Golden, seconded by Regent Wright, with all members
voting aye, it was ordered that the stipend to faculty members for each
off-campus course taught as a part of the regular teaching assignment be
increased from $200 to $300.
29-61
62
74-192
Upon motion of Regent Bryce, seconded by Regent Cullum, with all members voting aye
ll»7l+ /r /Z thr f0ll0wing curriculum items, approved by the University Under
graduate and Graduate Curriculum Committees, be approved-
COURSES ADDED: (Curriculum Committee)
Department and Number
Agriculture 310
Communication 170
Communication 202
Communication 212
Communication 322
English-Philosophy 475
Health & Physical Education 255
Health & Physical Education 257
Home Economics 409
Management 490
Mathematics 204
Title
Agriculture Machinery
Operation and Per
formance
Interpersonal Communica
tion I
Introduction to Photo-communication
Audio Production Tech
niques
Motion Picture Editing
Advanced Independent
Studies in Philosophy
Ballet
Modern Jazz
Applied Nutrition
Recruitment and Inter
viewing
Uses and Operation of
Programmable Calculators
Hours
Credit
3
3
3
3
2
2
3
1
COURSES TO BE REVISED: (Curriculum Committee)
Department and
Number
Agriculture 313
Art 133
Art 337
•A.rt 437
Art 489
Art 490
New
Title and Credit No.
Farm Power and 313
Machinery (3)
Crafts (3) 133
Contemporary Art (3) 337
History of Art in 437
America (3)
Advanced Arts Pro- 489
jects (3)
Advanced Art Pro- 490
jects for Ele
mentary Teachers
(3)
New Title and Credit
Farm Tractor (3)
Elementary Art Pro
jects I (3)
Modern Art (3)
American Art (3)
Secondary Art Pro
jects (3)
Elementary Art Pro
jects II (3)
29-62
COURSES TO BE REVISED (Continued)
Department and
Number
Communication 242
Communication 424
Communication 470
Home Economics 402
Political Science 341
Political Science 342
Political Science 432
Political Science 444
and
Political Science 340
Political Science 453
Political Science 455
Title and Credit
New
No,
Principles and Tech 242
niques of Cinemato
graphy (3)
News and Documentary 424
Film Production (3)
Interpersonal Commu- 470
nication (3)
Seminar in Institu- 402
tional Equipment
(D
Governments of Latin 341
America (3)
Democratic Govern- 342
ments in Europe (3)
Contemporary Ameri- 308
can Foreign Policy
(3)
Communist Govern- 348
ments in the Far
East (3) anjd
Non-Communist Govern- 348
ments of the Far
East (3)
Government of Africa 353
(3)
Governments of the 355
Middle East (3)
New Title and Credit
Basic Motion Picture
Production (3)
The New and Documentary
Filmmaker (3)
Interpersonal Communi
cation II (3)
Food Service Equipment
for Institutions (3)
Latin American Govern
ment and Politics (3)
European Government and
Politics (3)
American Foreign Policy
(3)
Asian Government and
Politics (3)
African Government and
Politics (3)
Middle Eastern Govern
ment and Politics (3)
COURSES TO BE DELETED: (Curriculum Committee)
department and Number
'Art 401
Art 446
Art 462
Art 473
Communication 320
General Business 438
Modern Languages
Languages
Languages
Languages
Languages
Modern
Modern
Modern
Modern
(French)
(French)
(German)
(German)
(German)
111
112
111
112
489
Political Science 340
Political Science 443
Political Science 469
Title and Credit
Sculpture IV (3)
Printmaking III (3)
Painting V (3)
Advertising Design IV (3)
Graphic Arts for Journalism
Business Associations (3)
Reading French (3)
French
German
German
of the
(3)
(3)
(3)
(3)
German Language
Reading
Reading
Reading
History
(3)
Non-Communist Governments of the
Far East (3)
Communist Governments in Europe
(3)
Methods in Political Research
(3)
29-63
64
COURSES ADDED: (Graduate Counci1)
COURSES TO BE REVISED: (Graduate Council)
Department and
Number
Sociology 518
Title and Credit
Seminar in Social
Control (3)
New
No.
518
New Title and Credit
Seminar in Criminal
Behavior and Social
Control (3)
COURSES TO BE DELETED: (Graduate Council)
Department and Number
Political Science 469
Title and Credit
Methods in Political Research (3)
29-64
65
74-193
Upon motion of Regent Gray, seconded by Regent Wright, with all members
voting aye, it was ordered that the University be authorized to make
application to the Coordinating Board for approval of a Master of Science
degree in Computer Science.
Meeting adjourned at 11:30 a.m.
29-65

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MINUTES OF Board of Regents of Stephen F. Austin State University VOLUME NO. 29 July 26, 1975 Nacogdoches, Texas INDEX Minutes of the Meeting Stephen F. Austin State University Board of Regents held in Nacogdoches, Texas July 26, 1975 VOLUME NO. 29 Page 74-168 Approval of Minutes of April 26, 1975 29-2 74-169 Summer School Faculty Adjustments 7Q -> 74-170 Faculty and Staff Appointments t 74-171 Resignations 74-172 Leaves of Absence ztZ 74-173 Returns from Leave 7 74-174 Changes in Status ?*"1 74-175 Retirement 29^ 74-176 Establishment of Athletic Program Committee 29-8 I, III APProval of 1974-75 Budget Adjustments oq-8 74-178 Approval of 1975-76 Budget 29^ 74-179 Approval of Change Order No. 1 (Mechanical 29-« Renovation of the University Center) 74-180 Acceptance of Insurance Bid 29^8 74-181 Authorization of Signature Names 29-Q :J"° Authorization to Approval Official Travel 29-9 /4-183 Authorization to Approve Travel Vouchers for 2Q-Q Board of Regents 74-184 Approval of 1975-76 Room and Board Rates 29-9 74-185 Adoption of Rules and Regulations in oq.i i Student Handbook 74-186 Architectural Contract for Renovation of 29-11 Science Building (Kent-Marsellos-Scott) 74-187 Authorization to Obtain Bids and Approve 29^4 Purchase of Campus Flag Pole 74-188 Authorization to Advertise for Bids for 29-34 Removal of Birdwell Annex and Former President's Home (627 Starr Avenue) li)ll Approval of Extension of Depository Agreements 29-34 /4-190 Contract for Renovation of Shelton Gymnasium 29^2 (Pigg Construction Company) 74-191 Approval of Compensation for Teaching Off- ?Q-fii Campus Courses 74-192 Approval of Curriculum Changes 29-62 74-193 Authority to Petition Coordinating Board for 29-65 Approval of Master of Science Degree in Computer Science MINUTES OF THE MEETING BOARD OF REGENTS STEPHIN F. AUSTIN STATE UNIVERSITY HELD IN NACOGDOCHES, TEXAS July 26, 1975 The meeting was called to order by Walter C. Todd, Chairman of the Board of Regents, at 10:00 a.m. July 26, 1975. PRESENT: ABSENT: PRESENT: PRESENT: Members: Walter C. Todd of Dallas Robert C. Gray of Austin Peggy Wedgeworth Wright of Nacogdoches Homer Bryce of Henderson James I. Perkins of Rusk Mrs. George Cullum, Jr. of Dallas Glenn Justice of Dallas Joe Bob Golden of Jasper Ernest Powers of Carthage C. G. Haas, Secretary of the Board Dr. R. W. Steen, President of the University Guest: Alan Folger, President of Student Government 74-168 Upon motion of Regent Cullum, seconded by Regent Gray, with all members voting aye, it was ordered that the minutes of the meeting of April 26, 1975, be approved. 74-169 Upon motion of Regent Justice, seconded by Regent Perkins, with all members voting aye, it was ordered that the following adjustments to the summer budget be approved: 1. Department of Communication Mr. Donald L. Graham, Assistant Professor of Communication, ap pointed Director of Speech Workshop at a salary rate of $1,000 for the period of July 11, 1975 - August 9, 1975. 2. Department of Computer Science Dr. Jerald L. Ripley, Assistant Professor of Computer Science, ap pointed to teach Second Summer term (50% time) at a salary rate of $1,288.58 for the Second Summer term, 1975. 3. Department of English and Philosophy Dr. Sybil Wyatt, Professor of English, appointed to teach Second Summer term at a salary rate of $3,344.33 for the Second Summer term, 1975. 4. Department of Home Economics Ms. Ethelind S. Gibson, Instructor of Home Economics, appointed to teach at Food Service Personnel Workshop at a salary rate of $500 for the period of June 16, 1975 - June 27, 1975. 5. Department of Music Mr. Stephen K. Goacher, Instructor of Music, to teach at Music Workshop at a salary rate of $347.22 for the period of one week. Dr. Thomas M. Houston, Associate Professor Music, to teach at Music Workshop at a salary rate of $369.88 for the period of one week. Mr. Max L. Morley, Assistant Professor of Music, to teach at Music Workshop at a salary rate of $326.33 for the period of one week. 6. Department of Sociology Mr. William T. Toney, Instructor of Sociology, at a salary rate of $1,861.50 (50% time) for Summer I and II, 1975. 29-2 7. Department of Secondary Education Ms. Donnya E. Stephens, Instructor of Secondary Education, at a salary rate of $1,061.67 (50% time) for the Second Summer term. 74-170 Upon motion of Regent Perkins, seconded by Regent Bryce, with all mem bers voting aye, it was ordered that the following individuals be employed for the positions, dates, and salaries indicated: 1. Department of Art Dr. Vincent Frederick Kubly, 34, Ph.D. (University of Wisconsin), Assistant Professor of Art at a salary rate of $14,250 for nine months, effective Fall Semester, 1975. Ms. Mary F. McCleary, 24, M.F.A. (University of Oklahoma), As sistant Professor of Art at a salary rate of $11,500 for nine months, effective Fall Semester, 1975. 2. Department of Chemistry Dr. Ronald H. Fleming, 29, Ph.D. (University of Oregon), Assistant Professor of Chemistry at a salary rate of $13,000 for nine months, effective Fall Semester, 1975. 3. Department of Computer Science Mr. George William Dailey, 33, M.S. (University of Southwestern Louisiana), Instructor of Computer Science at a salary rate of $11,000 for nine months, effective Fall Semester, 1975. 4. Department of Elementary Education Dr. Kay Garalyn Rayborn, 28, Ed.D. (University of Southern Missis sippi), Assistant Professor of Elementary Education at a salary rate of $13,000 for nine months, effective Fall Semester, 1975. Ms. Leta Ann Petty Weaver, 29, M.Ed. (Stephen F. Austin State Uni versity), Instructor in Elementary Education at a salary rate of $10,500 for nine months, effective Fall Semester, 1975. 5. Department of English and Philosophy Ms. Constance H. Hall, 42, M.A. (Stephen F. Austin State University), Graduate Interne in English at a salary rate of $3,375 (75% time) for the Fall Semester, 1975, only. Ms. Susan Rebecca Hannah, 32, M.A. (Stephen F. Austin State Uni versity), Graduate Interne in English at a salary rate of $4,500 for the Fall Semester, 1975, only. 29-3 Ms. Mary Jill Moore, 23, M.A. (Stephen F. Austin State Uni versity), Graduate Interne in English at a salary rate of $4,500 for the Fall Semester, 1975, only. Mr. Samuel S. Sutherland, III, 24, M.A. (University of Texas- Austin), Graduate ;~iterne in English at a salary rate of $4,500 for the Fall Semester, 1975, only. 6. School of Forestry Dr. Ricardo Ama Clemente, 34, Ph.D. (Pennsylvania State Uni versity), Assistant Professor of Forestry at a salary rate of $16,000 for nine months, effective Fall Semester, 1975. Dr. Paul C. Johnson, 29, Ph.D. (Cornell University), Research Associate in Forestry at a salary rate of $11,000 for twelve months, effective May 1, 1975. Dr. Robert Ryland Fleet, 37, Ph.D. (Texas A§M University), Research Associate in Forestry at a salary rate of $11,000 for twelve months, effective June 1, 1975. Ms. Leslie C. Johnson, 22, B.S. (SUNY College of Environmental Science and Forestry), Research Technologist in Forestry at a salary rate of $8,700 for twelve months, effective May 21, 1975. Dr. Garland N. Mo^n , 31, Ph.D. (Texas A$M University), Assistant Professor of Forestry at a salary rate of $13,000 for nine months, effective Fall Semester, 1975. Mr. David Kirby Reid, 22, B.S.F. (Stephen F. Austin State Uni versity) , Research Technologist in Forestry at a salary rate of $6,600 for twelve months, effective May 15, 1975. Mr. Richard M. Pandle, 24, B.S.F. (Stephen F. Austin State Uni versity), Research Technologist in Forestry at a salary rate of $8,000 for twelve months, effective May 19, 1975. Mr. Richard Wayne Schwab, 23, B.S.F. (Stephen F. Austin State University), Research Technologist in Forestry at a salary rate of $8,700 for twelve months, effective May 19, 1975. Mr. Kenneth E. Zorn, 28, B.S.F. (Stephen F. Austin State University), Research Technologist in Forestry at a salary rate of $9,000 for twelve months, effective May 19, 1975. 7. Department of General Business Mr. Boyd K. Herndon, 25, J.D. (University of Texas-Austin), Instructor of General Business at a salary rate of $11,500 for nine months, effective Fall Semester, 1975. 29-4 8. Department of Psychology Ms. Verna Lucille Barron, 26, Ph.D. (Oklahoma State University), Assistant Professor of Psychology at a salary rate of $12,750 for nine months, effective Fall Semester, 1975. 9. Department of Secondary Education Ms. Hilda M. Harris, 32, M.S.Ed. (Henderson State College), In structor of Secondary Education at a salary rate of $11,250 for nine months, effective Fall Semester, 1975. Dr. William C. Heeney, 40, Ph.D. (University of Texas-Austin), Assistant Professor of Secondary Education at a salary rate of $14,750 for nine months, effective Fall Semester, 1975. 10. Department of Sociology Dr. James E. Corbin, 33, Ph.D. (Washington State University), As sistant Professor of Sociology at a salary rate of $13,000 for nine months, effective Fall Semester, 1975. Dr. Joy B. Reeves, 37, Ph.D. (Louisiana State University), Assis tant Professor of Sociology at a salary rate of $6,750 (50% time) for nine months, effective Fall Semester, 1975. 11. Division of Student Affairs Mrs. Karen L. Langford, 25, Administrative Secretary, Vice President for Student Affairs, at a salary rate of $500 per month, effective May 19, 1975. 12. Comptroller's Office Mr. Douglas 0. Hughes, 29, Assistant Comptroller for Systems, at a salary rate of $18,000 for twelve months, effective September 1, 1975. F 74-171 Upon motion of Regent Wright, seconded by Regent Cullum, with all members voting aye, it was ordered that the following resignations be accepted: 1. Department of General Business Mr. Patrick Michael Conn, Instructor of General Business, effective April 11, 1975. Mr. Conn's leave of absence has expired. He resigned to continue his doctoral work at the University of Arkansas. Mr. John Jack Yarbrough, Associate Professor of General Business, effective May 1, 1975. Mr. Yarbrough has been appointed Judge of the newly created Nacogdoches County Court at Law. 29-5 2. Department of Geography Mr. George Richard Syring, Assistant Professor of Geography, effective May 31, 1975. Due to financial exigency within the Department, Mr. Syring's contract was not renewed. 3. Department of Home Economics Ms. Mary Ruth McKinney, Instructor of Home Economics, effective May 31, 1975. Ms. McKinney has accepted other employment. 4. Department of Physics Mr. Leonard M. Earls, Machinist, effective August 20, 1975. Mr. Earls has enrolled in a degree program at Texas A§M University. 5. University Library Ms. Gloria Frye, Special Collections.Librarian, effective July 9, 1975. Ms. Frye has accepted other employment. 6. Division of Student Affairs Mrs. Cynthia R. Grissom, Administrative Secretary to the Vice President for Student Affairs, effective May 31, 1975. Mrs. Grissom is moving to Arlington. 7. University Computer Center Mr. Algie F. Trussell, Director of University Computer Center, effective July 31, 1975. Mr. Trussell has accepted other employ ment. F * 74-172 Upon motion of Regent Justice, seconded by Regent Gray, with all members voting aye, it was ordered that the following requests for leave be granted: 1. Department of Accounting Ms. Evelyn Christine Clay, Instructor of Accounting, effective May 18, 1975, for the 1975-76 academic year. Ms. Clay has enrolled in an accepted Ph.D. program. 2. Department of Agriculture Dr. Thurman T. Thomas, Associate Professor of Agriculture, ef fective Fall Semester, 1975. Dr. Thomas has accepted a Visiting Lectureship at the Iowa State University for the 1975-76 academic year. 29-6 74-173 Upon motion of Regent Bryce, seconded by Regent Cullum, with all members voting aye, it was ordered that the following returns from leave be accepted: 1. Department of Music Mr. Stephen K. Goacher, Assistant Professor of Music, at a salary rate of $14,250 for nine months, effective Fall Semester, 1975. Mr. Goacher has satisfied residency requirements for the Ph.D. degree at Indiana University. 74-174 Upon motion of Regent Perkins, seconded by Regent Wright, with all members voting aye, it was ordered that the following changes in status be ap proved: 1. Department of Accounting Ms. Peggy Self, from Instructor (25% time) in Accounting to Graduate Interne in Accounting (100%) time) at a salary rate of $9,250 for nine months, effective Fall Semester, 1975. 2. Department of English and Philosophy Dr. Sybil Wyatt, Professor of English, from 100% time to 25% time, at a salary rate of $5,687 for nine months, effective Fall Semester, 1975. 3. Department of Home Economics Ms. Dennie L. Lindsey, Instructor of Home Economics, from 50% to 100% time at a salary rate of $10,500 for nine months, effective Fall Semester, 1975. Ms. Lindsey will replace Ms. McKinney who has resigned. Ms. Betsy C. Shaw, Instructor of Home Economics, to 50% time at a salary rate of $4,913 for nine months, effective Fall Semester, 1975. Ms. Shaw will serve as partial replacement for Ms. Lydia Roper who is on leave. 4. Physical Plant Mr. Billy W. McGuire, from hourly employee as an air conditioning mechanic to a plumbing foreman at a salary rate of $10,920 for twelve months, effective May 8, 1975. Mr. Donald Wayne Scales, plumbing foreman, from a salary rate of $9,360 for twelve months, to an hourly employee as a plumber, ef fective May 8, 1975. 29-7 74-175 Upon motion of Regent Justice, seconded by Regent Gray, with all members voting aye, it was ordered that the following retirement be accepted: 1. Division of Student Affairs Mr. Jessie A. Partin, 65, Food Production Supervisor, East College Cafeteria, effective May 31, 1975. Mr. Partin is retiring. 74-176 Upon motion of Regent Perkins, seconded by Regent Justice, with all members voting aye, it was ordered that a committee be established to study needs for and action to be taken on the future of the athletic program. Regents Bryce and Perkins were appointed as co-chairmen of the committee with Regents Wright, Gray, and Golden serving as members. 74-177 Upon motion of Regent Perkins, seconded by Regent Wright, with all members voting aye, it was ordered that the following budget adjustments for 1974-75 be approved: Total $431,300 74-178 Upon motion of Regent Bryce, seconded by Regent Golden, with all members voting aye, it was ordered that the proposed budget of the University for the fiscal year beginning September 1, 1975 (showing estimated funds available of $26,004,097 and estimated budget requirements of $24,261,009) be approved. 74-179 Upon motion of Regent Gray, seconded by Regent Justice, with all members voting aye, it was ordered that Change Order No. 1 in the amount of $2,885 on the contract for the mechanical renovation of the University Center be approved and that the Chairman of the Board be authorized to sign the forms. 74-180 Upon motion of Regent Perkins, seconded by Regent Wright, with all members voting aye, it was ordered that the bid of the Green Insurance Agency of Nacogdoches (representing the Continental Insurance Company) for insurance on pledged revenue properties, fleet, boilers, and fidelity bonds be accepted. 29-8 74-181 Upon motion of Regent Justice, seconded by Regent Cullum, with all members voting aye, it was ordered that any two of the following signature names be authorized to sign state vouchers and local fund checks for any and all funds for the period September 1, 1975 to August 31, 1977: R. W. Steen President of the University C. G. Haas Vice President for Fiscal Affairs 0. J. Ehrlich Comptroller Travis Whitaker Business Manager 74-182 Upon motion of Regent Bryce, seconded by Regent Wright, with all members voting aye, it was ordered that R. W. Steen, President of the University, be authorized to approve official travel within the state or out of the state for the period September 1, 1975 to August 31, 1977, and in the event of his extended absence, C. G. Haas, Vice President for Fiscal Affairs, be authorized to approve such travel. 74-183 Upon motion of Regent Bryce, seconded by Regent Wright, with all members voting aye, it was ordered that C. G. Haas, Secretary to the Board of Regents, be authorized to approve travel vouchers of members of the Board of Regents. 74-184 Upon motion of Regent Bryce, seconded by Regent Cullum, with all members voting aye, it was ordered that the residence hall and apartment rates on the following page be approved for the academic year 1975-76. 29-9 10 STEPHEN F. AUSTIN STATE UNIVERSITY Nacogdoches, Texas ROOM AND BOARD RATES FOR 1975-76 Dormitory No. and Name j - 1 Unit 1 J 2 Unit 2 ! 3 Unit 3 , 5 Wisely Hall I 7 Todd Hall 8 Gibbs Hall 9 North Dorm 10 Dorm 10 II Mays Hall 12 South Dorm 13 Dorm 13 14 Dorm 14 15 Griffith Hall 16 Dorm 16 17 Steen Hall 18 Kerr Hall Fall or Spring Semester 75 Day, 15 Meals W/7 Day, 13 Meals W/7 Day, 20 Meals" $465.00 465.00 465.00 465.00 510.00 465.00 518.00 510.00 465.00 518.00 518.00 518.00 510.00 518.00 518.00 518.00 $470.00 470.00 470.00 470.00 515.00 470.00 523.00 515.00 470.00 523.00 523.00 523.00 515.00 523.00 523.00 523.00 $485.00 485.00 485.00 485.00 530.00 485.00 538.00 530.00 485.00 538.00 538.00 538.00 530.00 538.00 538.00 538.00 Summer Term W/7 Day, 20 Meals (6 wks.) $185.00 185.00 185.00 185.00 200.00 185.00 204.00 200.00 185.00 204.00 204.00 204.00 200.00 204.00 204.00 204.00 Apartments (without meals) Nos. D. 19 Faculty 1 74 127 200 1 1 70 96 166 299 133 16 Rent for Month* $ 77.50 93.50 93.50 105.00 137.50 145.00 ♦Apartment rent includes utilities, television cable; excludes telephone except in the ►Garner Apartments (#19) which has the Centrex system. P For Accounting Purposes Only: Weals .toorns (1,2,3,5,8,11) (7, 10, 15 ) (9,12,13,14,16, 17 and 18) 223.00 223.00 223.00 89.00 [ncrease over 1974-75 - average of 10% 29-10 11 74-185 Upon motion of Regent Golden, seconded by Regent Perkins, with all members voting aye, it was ordered that the rules and regulations appearing in the 1975 edition of the Student Handbook be adopted. 74-186 Upon motion of Regent Gray, seconded by Regent Bryce, with all members voting aye, it was ordered that the contract with Kent, Marsellos and Scott for planning and supervising the limited renovation of the Science Building be approved and the Chairman of the Board be authorized to sign the contract. 29-11 12 CONTRACT FOR ARCHITECTURAL SERVICES CITY OF NACOGDOCHES THE STATE OF TEXAS COUNTY OF NACOGDOCHES THIS AGREEMENT made as of the Twenty Sixth day of July in the year Nineteen Hundred and Seventy Five and between the BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS acting herein by and through its President, hereinafter called the Owner, and KENT-MARSELLOS-SCOTT, ARCHITECTS-ENGINEERS, Lufkin, Texas hereinafter called the Architect. WITNESSETH, whereas the Owner intends to erect on the campus of Stephen F. Austin State University, Nacogdoches, Texas, RENOVATION SCIENCE BUILDING, hereinafter called the Project. NOW, THEREFORE, the Owner and the Architect for the considerations hereinafter set forth agree as follows: I. The Architect shall provide professional services for the Project in accordance with the Terms and Conditions of this Agreement. II. The Owner shall compensate the Architect in accordance with the Terms and Conditions of this Agreement as follows: a) For the Architect's Basic Services, as described in Para graph 1.1; Ten and .64/100 Per Cent (10.64%) of the project construction cost; hereinafter referred to as the Basic Rate; and such 29-12 13 other payments and reimbursements as may hereinafter be provided, but all such payments and every payment herein provided shall be from Legislative Appropriation and other funds available to the Owner for expenditure for the use and benefit of Stephen F. Austin State University. b) For the Architect's Additional Services as described in Paragraph 1.3 Compensation for Principals, employees, and consultants time as agreed upon between the Owner and the Architect. c) For the Architect's Reimbursable Expenses, amounts expended as defined in Article 5. Ill. The Architect and the Owner further agree to the following Terms and Conditions: ARTICLE 1 ARCHITECT'S SERVICES 1.1 BASIC SERVICES The Architect's Basic Services consist of the five phases described below and include normal structural, mechanical and electrical engi neering services and any other services included in Article 14 as Basic Services. 29-13 14 SCHEMATIC DESIGN PHASE 1.1.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall confirm such re quirements to the Owner. 1.1.2 Based on the mutually agreed upon program, the Architect shall pre pare Schematic Design Studies consisting of drawings and other docu ments illustrating the scale and relationship of Project components for approval by the Owner. 1.1.3 The Architect shall submit to the Owner a Statement of Probable Con struction Cost based on current area, volume or other unit costs. DESIGN DEVELOPMENT PHASE 1.1.4 The Architect shall prepare from the approved Schematic Design Studies, for approval by the Owner, the Design Development Documents consist ing of drawings and other documents to fix and describe the size and character of the entire Project as to structural, mechanical and electri cal systems, materials and such other essentials as may be appropriate. 1.1.5 The Architect shall submit to the Owner a further Statement of Prob able Construction Cost. CONSTRUCTION DOCUMENTS PHASE 1.1.6 The Architect shall prepare from the approved Design Development Documents, for approval by the Owner, Drawings and Specifications setting forth in detail the requirements for the construction of the 29-14 15 entire Project including the necessary bidding information, and shall assist in the preparation of bidding forms, the Conditions of the Con tract, and the form of Agreement between the Owner and the Contractor. 1.1.7 The Architect shall advise the Owner of any adjustments to previous Statements of Probable Construction Cost indicated by changes in re quirements or general market conditions. 1.1.8 The Architect shall assist the Owner in filing the required documents for the approval of governmental authorities having jurisdiction over the Project. BIDDING OR NEGOTIATION PHASE 1.1.9 The Architect, following the Owner's approval of the Construction Documents and of the latest Statement of Probable Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals, and in awarding and preparing construction contracts. CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.1.10 The Construction Phase will commence with the award of the Construc tion Contract and will terminate when the final Certificate for Payment is issued to the Owner. 1.1.11 The Architect shall provide Administration of the Construction Con tract as set forth in ALA Document A201, General Conditions of the Contract for Construction, and the extent of his duties and respon sibilities and the limitations of his authority as assigned thereunder shall not be modified without his written consent. 29-15 16 1.1.12 The Architect, as the representative of the Owner during the Con struction phase, shall advise and consult with the Owner and all of the Owner's instructions to the Contractor shall be issued through Architect. The Architect shall have authority to act on behalf of the Owner to the extent provided in the General Conditions unless other wise modified in writing . 1.1.13 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 1.1.14 The Architect shall make periodic visits to the site to familiarize him self generally with the progress and quality of the Work and to deter mine in general if the Work is proceeding in accordance with the Con tract Documents . On the basis of his on-site observations as an architect, he shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. The Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall not be respon sible for construction means, methods, techniques, sequences or pro cedures, or for safety precautions and programs in connection with the Work, and he shall not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. 1.1.15 Based on such observations at the site and on the Contractor's Appli cations for Payment, the Architect shall determine the amount owing to the Contractor and shall issue Certificates for Payment in such amounts, 29-16 17 The issuance of a Certificate for Payment shall constitute a representa tion by the Architect to the Owner, based on the Architect's observations at the site as provided in Subparagraph 1 ,1.14 and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor devia tions from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. By issuing a Certificate for Payment, the Architect shall not be deemed to represent that he has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Con tract Sum. 1.1.16 The Architect shall be, in the first instance, the interpreter of the re quirements of the Contract Documents and the impartial judge of the per formance thereunder by both the Owner and Contractor. The Architect shall make decisions on all claims of the Owner or Contractor relating to the execution and progress of the Work and on all other matters or questions related thereto. The Architect's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Con tract Documents. 29-17 18 1.1.17 The Architect shall have authority to reject Work which does not con form to the Contract Documents . Whenever, in his reasonable opinion, he considers it nece&sary or advisable to insure the proper implemen tation of the intent of the Contract Documents, he will have authority to require special inspection or testing of any Work in accordance with the provisions of the Contract Documents whether or not such Work be then fabricated, installed or completed. 1.1.18 The Architect shall review and approve shop drawings, samples, and other submission of the Contractor only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. 1.1.19 The Architect shall prepare Change Orders. 1.1.20 The Architect shall conduct inspections to determine the Dates of Sub stantial Completion and final completion, shall receive and review written guarantees and related documents assembled by the Contractor, and shall issue a final Certificate for Payment. 1.1.21 The Architect shall not be responsible for the acts or omissions of the Contractor, or any Subcontractors, or any of the Contractor's or Sub contractors' agents or employees, or any other persons performing any of the Work. 1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 1.2.1 If more extensive representation at the site than is described under Sub-paragraphs 1.1.10 through 1.1.21 inclusive is required, and if the 29-18 19 Owner and Architect agree, the Architect shall provide one or more Full-Time Project Representatives to assist the Architect. 1.2.2 Such Full-Time Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as mutually agreed between the Owner and the Architect as set forth in an exhibit appended to this Agreement. 1.2.3 The duties, responsibilities and limitations of authority of such Full- Time Project Representatives shall be set forth in an exhibit appended to this Agreement. 1.2.4 Through the on-site observations by Full-Time Project Representativ es of the Work in progress, the Architect shall endeavor to provide further protection for the Owner against defects in the Work, but the furnishing of such project representation shall not make the Architect responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs, or for the Contractor's failure to perform the Work in accordance with the Con tract Documents. 1.3 ADDITIONAL SERVICES The following Services shall be provided when authorized in writing by the Owner, and they shall be paid for by the Owner as hereinbefore provided. 29-19 20 1.3.1 Providing analyses of the Owner's needs, and programming the re quirements of the Project. 1.3.2 Providing financial feasibility or other special studies. 1.3.3 Providing planning surveys, site evaluations, environmental studies or comparative studies of prospective sites. 1.3.4 Providing design services relative to future facilities, systems and equipment which are not intended to be constructed as part of the Project. 1.3.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the Owner. 1.3.6 Providing Detailed Estimates of Construction Cost or detailed quantity surveys or inventories of material, equipment and labor. 1.3.7 Providing services for planning tenant or rental spaces. 1.3.8 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or in structions previously given and are due to causes beyond the control of the Architect. 1.3.9 Making investigations involving detailed appraisals and valuations of existing facilities, and surveys or inventories required in connection with construction performed by the Owner. 29-20 21 1.3.10 Providing consultation concerning replacement of any Work damaged by fire or other cause during construction, and furnishing profess ional services of the type set forth in Paragraph 1.1 as may be required in connection wiui the replacement of such Work. 1.3.11 Providing professional services made necessary by the default of the Contractor or by major defects in the Work of the Contractor in the performance of the Construction Contract. 1.3.12 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 1.3.13 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding. 1.3.14 Providing services of professional consultants for other than the normal structural, mechanical and electrical engineering services for the Project. 1.3.15 Providing any other services not otherwise included in this Agree ment or not customarily furnished in accordance with generally accept ed architectural practice. ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information, including a complete pro gram, regarding his requirements for the Project. 29-21 22 2.2 The Owner shall designate, when necessary, a representative author ized to act in his behalf with respect to the Project. The Owner shall examine documents submitted by the Architect and shall render de cisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's services. 2.3 The Owner shall furnish a certified land survey of the site giving, as applicable, grades and lines of streets, alleys, pavements and adjoin ing property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths. 2 .4 The Owner shall furnish the services of a soils engineer or other con sultant when such services are deemed necessary by the Architect, in cluding reports, test borings, test pits, soil bearing values, percola tion tests, air and water pollution tests, ground corrosion and resistiv ity tests and other necessary operations for determining subsoil, air and water conditions, with appropriate professional recommendations. 2.5 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. 29-22 23 2.6 The Owner shall furnish such legal, accounting, and insurance coun seling services as may be necessary for the Project, and such audit ing services as he may require to ascertain how or for what purposes the Contractor has used the moneys paid to him under the Construction Contract. 2.7 The services, information, surveys and reports required by Para graphs 2.3 through 2.6 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 2.8 If the Owner becomes aware of any default or defect in the Project or non-conformance with the Contract Documents, he shall give prompt written notice thereof to the Architect. 2.9 The Owner shall furnish information required of him as expeditiously as necessary for the orderly progress of the Work. ARTICLE 3 CONSTRUCTION COST 3.1 If the Construction Cost is to be used as the basis for determining the Architect's Compensation for Basic Services, it shall be the total cost or estimated cost to the Owner of all Work designed or specified by the Architect. The Construction Cost shall be determined as follows, with precedence in the order listed: 3.1.1 For completed construction, the cost of all such Work, including costs of managing construction; 29-23 24 3.1.2 For Work not constructed, (1) the lowest bona fide bid received from a qualified bidder for any or all of such Work; or (2) if the Work is not bid, the bona fide negotiated proposal submitted for any or all of such Work; or 3.1.3 For Work for which no such bid or proposal is received, (1) the latest Detailed Estimate of Construction Cost if one is available, or (2) the latest Statement of Probable Construction Cost. 3.2 Construction Cost does not include the compensation of the Architect and his consultants, the cost of the land, rights-of-way, or other costs which are the responsibility of the Owner as provided in Paragraphs 2.3 through 2 .6 inclusive. 3.3 The cost of labor, materials and equipment furnished by the Owner for the Project shall be included in the Construction Cost at current market rates including a reasonable allowance for overhead and profit. 3.4 Statement of Probable Construction Cost and Detailed Cost Estimates prepared by the Architect represent his best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has any control over the cost of labor, materials or equipment, over the contractors1 methods of determining bid prices, or over competitive bidding or market con ditions. Accordingly, the Architect cannot and does not guarantee that bids will not vary from any Statement of Probable Construction Cost or other cost estimate prepared by him. 29-24 25 3.5 When a fixed limit of Construction Cost is established as a condition of this Agreement, it shall be in writing signed by the parties and shall include a bidding contingency of ten percent unless another amount is agreed upon in writing. When such a fixed limit is established, the Architect shall be permitted to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, and to make reasonable adjustments in the scope of the Project to bring it within the fixed limit. The architect may also include in the Contract Documents alternate bids to adjust the Construc tion Cost to the fixed limit. 3.5.1 If the Bidding or Negotiating Phase has not commenced within six months after the Architect submits the Construction Documents to the Owner, any fixed limit of Construction Cost established as a condition of this Agreement shall be adjusted to reflect any change in the general level of prices which may have occurred in the construction industry for the area in which the Project is located. The adjustment shall reflect changes between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 3.5.2 When a fixed limit of Construction Cost, including the Bidding contin gency (adjusted as provided in Subparagraph 3.5.1, if applicable), is established as a condition of this Agreement and is exceeded by the lowest bona fide bid or negotiated proposal, the Detailed Estimate of 29-25 26 Construction Cost or the Statement of Probable Construction cost, the Owner shall (1) give written approval of an increase in such fixed limit, within a reasonable time, or (2) cooperate in revising the Pro ject scope and quality as required to reduce the Probable Construction Cost. In the case of (2) the Architect, without additional charge, shall modify the Drawings and Specifications as necessary to bring the Con struction Cost within the fixed limit. The providing of such service shall be the limit of the Architect's responsibility in this regard, and having done so, the Architect shall be entitled to compensation in accord ance with this Agreement. ARTICLE 4 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the salaries of professional, technical and clerical employees engaged on the Project by the Architect, and the cost of their mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar benefits. ARTICLE 5 REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to the Compensation for Basic and Additional Services and include actual expenditures made by the Architect, his employees, or his professional consultants in the interest 29-26 27 of the Project for the expenses listed in the following Subparagraphs: 5.1.1 Fees paid for securing approval of authorities having jurisdiction over the Project. 5.1.2 Expense of reproductions, postage and handling of Drawings and Speci fications excluding duplicate sets at the completion of each Phase for the Owner's review and approval. 5.1.3 Expense of computer time when used in connection with Additional Services. ARTICLE b PAYMENTS TO THE ARCHITECT 6.1 Payments on account of the Architect's Basic Services shall be made as follows: 6.1.1 Payments for Basic Services shall be made in proportion to services performed so that the compensation at the completion of each Phase, except when the compensation is on the basis of a Multiple of Direct Personnel Expense, shall equal the following percentages of the total Basic Compensation: Schematic Design 15% Design Development Phase 35% Construction Documents Phase 75% Bidding or Negotiation Phase 80% Construction Phase 100% 29-27 28 6.2 Payments for Additional Services of the Architect as defined in Para graph 1.3, and for Reimbursable Expenses as defined in Article 5, shall be made monthly upon presentation of the Architect's statement of services rendered. 6.3 No deductions shall be made from the Architect's compensation on ac count of penalty, liquidated damages, or other sums withheld from payments to contractors. 6.4 If the Project is abandoned in whole or in part, the Architect shall be paid his compensation for services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due and all termination expenses as defined in Paragraph 8.3 resulting from such suspension or abandon ment. 6.5 Payments due the Architect under this Agreement shall bear interest at the legal rate commencing sixty days after the date of billing. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Addi tional Services on the Project and for services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on a generally recognized accounting basis and shall be available to the Owner or his authorized representative at mutually convenient times. 29-28 29 ARTICLE 8 TERMINATION OF AGREEMENT 8.1 This Agreement may be terminated by either party upon seven days1 written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 8.2 In the event of termination due to the fault of parties other than the Architect, the Architect shall be paid his compensation for services performed to termination date, including Reimbursable Expenses then due and all termination expenses. 8.3 Termination Expenses are defined as Reimbursable Expenses directly attributable to termination, plus an amount computed as a percentage of the total compensation earned to the time of termination, as follows: 20 percent if termination occurs during the Schematic Design Phase; or 10 percent if termination occurs during the Design De velopment Phase; or 5 percent if termination occurs during any subsequent phase. ARTICLE 9 OWNERSHIP OF DOCUMENTS Drawings and Specifications as instruments of service are and shall remain the property of the Architect whether the Project for which they are made is executed or not. They are not to be used by the Owner on 29-29 30 other projects or extensions to this Project except by agreement in writing and with appropriate compensation to the Architect. ARTICLE 10 SUCCESSORS AND ASSIGNS The Owner and the Architect each binds himself, his partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer his interest in this Agreement without the written consent of the other . ARTICLE 11 ARBITRATION 11.1 All claims, disputes and other matters in question between the parties to this Agreement, arising out of, or relating to this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise, No arbitration, arising out of, or relating to this Agreement, shall include, by consolidation, joinder or in any other manner, any addi tional party not a party to this Agreement except by written consent 29-30 31 containing a specific reference to this Agreement and signed by all the parties hereto. Any consent to arbitration involving an addi tional party or parties shall not constitute consent to arbitration of any dispute not described therein or with any party not named or described therein. This Agreement to arbitrate and any agreement to arbitrate with an additional party or parties duly consented to by the parties hereto shall be specifically enforceable under the pre vailing arbitration law. 11.2 Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitra tion Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 11.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 29-31 ARTICLE 12 EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. ARTICLE 13 GOVERNING LAW Unless otherwise specified, this Agreement shall be governed by the law of the principal place of business of the Architect. 29-32 33 NUMBER OR COUNTERPART COPIES This Contract is executed in four counterparts. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement, the day and year first above written. BOARD OF REGENTS STEPHEN F . AUSTIN STATE UNIVERSITY ATTEST: Secretary President of the Board KENT, MARSELLOS AND SCOTT ARCHITECTS -ENGINEERS By. / 29-33 74-187 Upon motion of Regent Gray, seconded by Regent Perkins, with all members voting aye, it was ordered that the University be authorized to plan and obtain bids to acquire a new campus flag pole and the Building Committee be authorized to approve the expenditure as it finds appropriate. 74-188 Upon motion of Regent Gray, seconded by Regent Perkins, with all members voting aye, it was ordered that the University be authorized to advertise tor and accept bids for the removal of the Birdwell Annex and the building at 627 Starr Avenue (formerly the President's home) from the campus. 74-189 Upon motion of Regent Justice, seconded by Regent Perkins, with all members voting aye, it was ordered that the depository agreements with Lufkin National Bank, First Bank and Trust (Lufkin), Stone Fort National Bank, Commercial National Bank, and Fredonia State Bank be extended for two years and that the President of the University be authorized to sign the agreements. 29-34 35 DEPOSITORY CONTRACT STATE OF TEXAS COUNTY OF NACOGDOCHES WHEREAS, The Commercial National _Bank of Nacogdoches Texas, has been duly designated by the Board of Regents of StepheTT. Austin State University, as a depository for funds belonging to Stephen F. Austin State University of Nacogdoches, Texas, and said Board of Regents, acting herein by and through the Chairman and Secretary of said Board thereunto duly authorized, and hereinafter referred to as Board of Regents and the Commercial National Bank of Nacogdoches , Texas, a banking corporation, acting herein by SUnnJr^n8 ltS Pr0Per officers, thereunto duly authorized, and hereinafter called DEPOSITORY, agree that: I. In consideration of such designation, the Depository agrees to and with the Board of Regents that it will act as depository for all funds that may be deposited with it by Stephen F. Austin State University of Nacogdoches, Texas, at any time from September 1, 1975through August 31, 1977. II. It is further agreed that the Depository, will secure such funds belonging to Stephen F. Austin State University by depositing and pledging bonds or securities acceptable to the State Treasurer, in an amount at all times equal to one hundred per cent of any and all sums of money which may be on deposit with said Depository to the credit of Stephen F. Austin State University and that such securities so pledged shall be deposited with the NATIONAL BANK OV nfiMMBBrK Bank of Dallas , Texas, hereinafter called TRUSTEE. Such securities so deposited with Trustee shall be held under joint Trust Receipt issued by said Trustee in favor of Depository and Board of Regents, the original of such receipt shall be filed with the chief fiscal officer of Stephen F. Austin State University who shall approve of the release of same. III. , In the event the Depository named shall be unable to pay or shall fail to pay and satisfy upon presentment for payment any check or draft lawfully drawn upon any existing fund of Stephen F. Austin State University, then the Board of Regents shall have the right and power any time thereafter to procure the entire amount of money then on deposit in said Depository belonging to Stephen F. Austin State' University, by forced sale of the collateral pledged, and said Trustee is hereby directed on demand of the Board of Regents to surrender such pledged securities to the Board of Regents, and the Board of Regents is hereby fully 29-35 36 authorized and empowered to proceed with the sale of such securities to the extent necessary to permit the Board of Regents to receive in full its casli balances theretofore in such Depository, and the money derived from such sale shall be the property of Stephen F. Austin State University in an amount equal to the funds of Stephen F. Austin Stntc University in the Depository, and any amount in excess thereof shall be the property of the Depository. Such sales may be public or private and may be made in Nacogdochcs, Texas, or elsewhere, at the discretion of the Board of Regents, and shall convey such securities absolutely to the purchaser thereof and no notice of such sale shall be necessary, IV. It is agreed that said Depository shall have the privilege of substituting or changing the securities herein pledged as occasion may require, subject, how ever, to the approval of the Chief Fiscal Officer of the institution or his representative. V. It is further agreed herein that the Trustee shall credit to the De pository, the proceeds of interest coupons on such bonds or securities as they become due until otherwise notified by the Board of Regents. x VI. It is understood that the Trustee shall have no duty to ascertain the amount of funds on deposit by the Board of Regents with the Depository nor the validity or genuineness of securities deposited and that (1) under Article III Trustee has no duty to verify the circumstances but solely to comply with the "demand11 of Board of Regents. (2) Depository shall be entitled to income on securities held by Trustee and Trustee may dispose of such income as directed by Depository without approval of the Board of Regents. VII. It is agreed that the Depository shall pay interest on all funds deposited with it as time deposits, at rates which are determined as of the date of the deposits, to be based on the 'bid1 price for corresponding maturities of U. S. Treasury Bills as shown in the latest publication available of the Wall Street Journal. If the exact maturity date is not listed in the Journal, the nearest date shown will be used. 29-36 37 19 75 . \ttcst: WITNESS OUR HANDS AND OFFICIAL SEAL, this the 26 day of July 2 Mavi^Eaulkner, Cashier \ttcst: attest: Title Title S. V. P.. & Title Cashier Approved as to Form: By: BANK IN NACOGDOCHES Depository 4-4- A aj T. E. Choate, President Title Board of Regents^ Stephen F. Austin State University By: -77 * Chairman NATIONAL BANK OF COMMERCE OF DALLAS Trustee Bank x Title By: Assistant Attorney General of Texas 29-37 38 WITNESS OUR HANDS AND OFFICIAL SEAL, this the 26 day of July Bruce Morris, Vfce-fVesi & CashieiTitle Attest: Approved as to Form: Title STONE FORT NATIONAL BANK of Nocogdoches Depository X E. W. Monk^ President Title Board of Regents, Stephen F. Austin State iversity Chairman REPUBLIC NATIONAL BANK OF DALLAS Trustee Bank By: By: SR. VICE PRESIDENT AND TRUST OFFICER Title Assistant Attorney General of Texas 29-38 39 19 75 . Attest: WITNHSS OUR HANDS AND OFFICIAL SEAL, this the 26 clay of July Val^.^ v ~J Title Attest: Attest: —x) Approved as to Form: Title / Title THE LUFKIN NATIONAL BANK Depository Title Board of Regents^, Stephen F. Austin State University By: GlfrCJc . 1 c Chairman FIRST CITY NATIONAL BANK OF HOUSTON Trustee Bank 'iK VOLOT AND tAf-^^Ti By: Assistant Attorney General of Texas 29-39 41 19 75 . WITNRSS OUII HANDS AND OFFICIAL SEAL, this the 26 day of July Attest:/' Attest: Attest: Approved as to Form: Title Title Title FREDONIA STATE BANK, Nacogdoches, Texas Depository Cashier By: Vice President Board of Rpgg Title ^tcphcn F. Austin State Chairman Firot City \\:Hr--A r/i.-.l-; cf Mgl:::hr I i- \i :'-'■.:•■'■•■) i > •' y Trustee Bank By:-^ ^,^^ I By: VICE PilLSlDLM AK3 CASHIER Title Assistant Attorney General of Texas 29-41 42 74-190 Upon motion of Regent Bryce, seconded by Regent Wright, with all members voting aye, it was ordered that the contract with Pigg Construction Com pany in the amount of $528,152.00 for the renovation of Shelton Gym nasium be approved and that the Chairman of the Board be authorized to sign the contract. 29-42 43 CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NACOGDOCHES THIS AGREEMENT, made this the Twenty-sixth day of July, Nineteen hundred and seventy-five by and between the BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES , TEXAS, acting herein through its President, hereinafter called "Owner" and PIGG CONSTRUCTION COMPANY, CENTER, TEXAS hereinafter called "Contractor". WITNESSETH, that the Contractor and the Owner for the con siderations hereinafter named agree as follows: 1. The Contractor agrees to provide all of the materials, furnish the labor, and do all things necessary to complete fully all of the work shown on the Drawings and described in the Specifications entitled REMODELLING SHELTON GYMNASIUM prepared by Kent-Marsellos-Scott, Architects-Engineers, Lufkin, Texas acting as and in these Contract Documents entitled the Architect; and shall do everything required by this Agreement, the "General Conditions" of the Contract, the Drawings and the Specifications. 2. The "General Conditions" of the Contract, the "Supplementary Conditions", the Drawings and the Specifications, together with this Agreement, 29-43 44 form the Contract, and they are as fully a part of the Contract as if hereto attached or herein repeated. The following is an enum eration of the Specifications and Drawings: Drawings and Specifications entitled REMODELLING SHELTON GYMNASIUM, STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS, sheet and section numbers as listed in Paragraph 1.1 of "Supplementary Conditions"; and the following: Addendum No. 1 - Pages 1-27, dated June 1975 and Drawing Sheets SRM-1 & SRM-2 dated 6/27/75 Addendum No. 2 - Pages 1-5, dated July 10, 1975 Addendum No. 3 - Page 1, dated July 15, 1975 and Detail Sheet 7G/7B dated 7/14/75 Addendum No. 4 - Page 1, dated 7/21/1975 Addendum No. 5 - Page 1, dated 7/22/1975 Addendum No. 6 - Pages 1-2, dated 1/2Z/1S & Drawing R-12 1. This Contract is to cover the General Contract Work, Plumbing, Heating and Air Conditioning and Electric Work, com plete. The said Drawings, and each and all of said Specifications and "General Conditions" are made a part of this Agreement for all intents and purposes; provided that if anything in the said "General Conditions" of the Contract is in conflict with this Agreement; this Agreement shall control and govern. 29-44 45 2. The work called for and included in this Agreement is to be done under the direction of the Architect above named and his determination of the true meaning and proper construction of the Specifications shall be considered as final. 3. The work to be performed under this Contract shall be commenced on or before a date to be specified in a written "Work Order11, and shall be fully completed by June 1, 1976. The Contractor further agrees to pay as liquidated damages the sum of $200.00 per day for each consecutive calendar day thereafter the work remains unfinished as specified in Paragraph 1.48 of "Supplementary Conditions" and in Proposal. 4/ The Owner shall pay the Contractor for the performance of the Contract, subject to additions and deductions provided herein, the sum of Five Hundred Twenty-Eight Thousand, One Hundred Fifty- Two Dollars ($528,152.00) out of Funds available to the Owner for expenditure for the use and benefit of Stephen F. Austin State University from funds out of legislative appropriation and other funds available to the Owner for expenditure for the use of Stephen F. Austin State University. The basis of the above contract price is as follows: Base Bid - $528,152.00 The above contract price includes $14,720.00 for seating. 29-45 46 The Owner shall make payments on account of the Contract as provided therein as follows: On or about the last day of each month ninety percent (90%) of the value, based on the Contract Price of labor and materials incorporated in the work and of materials suitably stored at the site thereof up to the first day of that month, as estimated by the Architect, less the aggregate of previous payments; and upon substantial completion of the entire work, a sum sufficient to increase the total payments to ninety percent (90%) of the Contract Price provided satisfactory evidence is furnished that all payrolls, material bills and other indebtedness connected with the work have been paid. The Owner at any time after 50% of the work has been completed, if it finds that satis factory progress is being made, may make any of the remaining progress payments in full. Final payment shall be due thirty days after substantial completion of the work provided the work be then fully completed and the Contract fully performed. Upon receipt of written notice that the work is ready for final inspection and accept ance, the Architect shall promptly make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed he shall promptly issue a Final Certificate, over his own signature, stating that the work provided for in this Contract 29-46 47 has been completed and is acceptable to him under the terms and conditions thereof, and that the entire balance found to be due the Contractor, and noted in the Final Certificate is due and payable. Before issuance of Final Certificate the Contractor shall submit evidence satisfactory to the Architect that all payrolls, material bills and other indebtedness connected with the work have been paid. 5. The Contractor shall pay premium for and furnish Performance Bond and Payment Bond in amount of 100% of Contract Price; on form to be furnished by Architect, with sureties acceptable to the Owner, conditioned: 1. That Contractor shall faithfully perform his Contract and fully indemnify and save Owner harmless from all costs and damages which may be suffered by reason of failure to do so, and fully reimburse and re pay Owner all outlay and expense which Owner may incur in making good any default. 2. That Contractor shall pay all persons who have con tracts directly with Contractor for labor and materials save which persons shall have a direct action against Contractor and the surety on his bond, subject to Owner's priority. 29-47 48 Surety Companies shall be on approved list of U . S . Treasury Department of "Companies holding Certificates of Authority from the Secretary of the Treasury under the Act of Congress Approved July 30, 1957, as Acceptable Sureties on Federal Bonds11 and within the Underwriting limitations listed therein for any single risk. Bond shall comply with requirements of all state laws; including those of Article 5160 Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56th legislature, Regular Session, 1959, effective April 27, 1959. 6. The Contractor shall effect, pay for and maintain during the life of this Contract insurance acceptable to the Owner, conforming to the following schedule: a) Compensation and Employer's Liability Insurance: As required by the laws of the State of Texas; Employer's Liability Insurance, $500,000.00. b) Comprehensive General Liability Insurance and Auto-mobile Liability Insurance: In an amount not less than $300,000.00 for injuries, including personal injury or accidental death 29-48 49 to any one person, and in an amount not less than $500,000.00 on account of one occurrence; Property Damage Insurance in an amount not less than $300,000.00. c) Include Broad Form Property Damage Insurance. Remove "XCU" Exclusions (Explosion, collapse, underground property damage) . Include damage to underground wiring, conduits, piping. d) Contractual Liability Insurance: As applicable to the Contractor's obligations under Paragraph 4.18 of "General Conditions". The Contractor shall obtain at his expense Owner's Protective Liability Insurance Policy naming the Owner and the Architect/Engineer as insured with the following limits: 1. Bodily Injury $300,000.00 (each person) $500,000.00 (each occurrence) 2. Property Damage $100,000.00 (each occurrence) $300,000.00 Aggregate e) Completed Operations: Continue coverage in force for one year after completion of work. 29-49 50 f) Before commencement of operations hereunder, Con tractor shall furnish to the Architect, photostatic copies of the above mentioned insurance policies, together with a certificate from the insurance carrier that the insurance will not be cancelled or permitted to lapse until fifteen (15) days written notice of said impending cancellation has been given to the Owner. 7. Builder's Risk Insurance: The Owner shall provide Builder's Risk Insurance (Fire, extended coverage, vandalism and malicious mischief) as specified in Paragraph 1.6 of Specifications on a 100% completed value basis in the names of the Contractor, Subcontractors, Owner and Architect, as their interests appear. The Owner will purchase and maintain such Steam Boiler Insurance as may be required by the Contract Documents or by law. This insurance shall include the interest of the Owner, the Contractor and Subcontractors as their interests appear. 8. The Contractor shall complete the several portions and the whole of the work called for under this Agreement and shall deliver said improvements and premises, upon completion, to the Owner, free and clear of all liens and claims for labor furnished or materials used and other indebtedness whatsoever. 29-50 51 For purposes of complying with the State of Texas Sales Tax, the following is a division between labor and materials: Labor /3 Materials 33 Total $ 528,152.00 29-51 52 IN WITNESS WHEREOF, the parties of these presents have ex ecuted this Contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned. SEAL BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY PIGG CONSTRUCTION COMPANY P.O. BOX 449 CENTER. TEXAS Address SEAL By ^z^ READ AND EXAMINED: , \^/l HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil statutes of Texas as amended by Acts of the 56th Legislature, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length. 29-54 55 IN WITNESS WHEREOF, this instrument is executed in four counterparts, each one of which shall be deemed an original, this the 2 6-th. ATTEST: day of July _A.D.f 19 7S-Jt Wifcess as to Principal Pigg Construction Company Principal (Principal) Secretary SEAL r Franklin Pigg, Fresident (Address) ATTEST: (Surety) Secretary Safeco Insurance Company of America BY Attorney-in-Fact E. L. Moore Witness as/fo Surety y^. Moore 5623' Enchanted Lane' Address Dallasf TExas 7 52 27 * NOTE: Date of Bond must not be prior to date of Contract. (1) Correct name of Contractor (2) A Corporation, A Partnership or an individual, as case may be. (3) Correct name of Surety (4) Correct name of Owner (5) County of Parish and State (6) Owner (7) If Contractor is Partnership, all partners should execute bond. 29-55 PAYMENT BOND CA bo (To be used in Texas as required by Chapter 93 of the Ilegular Session of the 56th Legislature of Texas) THE STATE OF TEXAS COUNTY OF_ NACOGDCCKES KNOW ALL MEN BY THESE PRESENTS: That we (1) Pigg Construction Company a (2) Corporation - Center, Texas QI hereinafter called Principal and (3) Safeco Insurance Company of ojonerica Seattle State of Washington , hereinafter called the Surety, are held and firmly bound unto,(4) ICAllD OF REGENTS. STEPHEN F. AUSTIN STATE UNIVERSITY hereinafter called Owner, unto all persons, firms, and corpora tions who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of Five Hundred Twenty. Eigh.t Thousand Onfe Hundred Fifty Two and No/100 _DOLLARS ($ 5 2 8,■1,52.100.'. } in lawful money of the United States, to be paid in (5)_ - NACOGDOCHES COUNTY, TEXAS . for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that V/hereas, the Principal entered into a certain contract with (6) BOAAD OF REPENTS! STEPHEN F. AUSTIN STATE UNIVERSITY , the Owner, 29-56 57 dated the 2£i& day of julv , A. D. , 19_7S_ a copy of which is hereto attached and made a part hereof for the construction of: Re 'odeilmg Shelton Gymnasium NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Article 5160 Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56th Legislature Regular Session, 1959, effective April 27, 1959, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. This bond is made and entered into solely for the pro tection of all claimants supplying labor and materials in the pro secution of the work provided for in said Contract, and all such claimants shall have a direct right of action under the bond as provide in Article 5160, Revised Civil Statutes, 1925, as amended by House Bill 344, Acts 56th Legislature, Regular Session, 1959. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie. in _Nacogdoches County. State of Texas, and that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be per formed thereunder or the Specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alteration or aodition to the terms of the Contract or to the work or to the Specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the ri*ht of any beneficiary hereunder, whose claim may be unsatisfied 29-57 58 IN WITNESS WHEREOF, this instrument is executed in six counterparts, each one of which shall be deemed an original, this the 2 6th. ATTEST: W/ftness as to Principal day of July A.D., 19_2_s Pigg Construction Company Principal (Principal) Secretary SEAL BY C^> Franklin 3*igg, President .Address ATTEST: (Surety) Secretary Sajgeco Insurance Company of America Surety BY: Attorney-in-Fact E. L. Moore Witness %fc to Surety JMary E. Moore 5623' Enchanted Lane Address Dallas f Texas 752217 \ NOTE: Date of Bond must not be prior to date of Contract. (1) Correct name of Contractor (2) A Corporation, A Partnership or an Individual, as case may be. (3) Correct name of Surety (4) Correct name of Owner (5) County or Parish and State (6) Owner (7) If Contractor is Partnership, all partners should execute bond. 29-58 SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA, SEATTLE, WASHINGTON 98185 59 POWER OF ATTORNEY 1531 No. KNOW ALL MEN BY THESE PRESENTS: That Safeco Insurance Company of America, a Washington corporation, does hereby appoint B, L. MOORE; PAT J. DUDLEY; MARY E. MOORE, Dallas, Texas its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind Safeco Insurance Company of America thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, Safeco Insurance Company of America has executed and attested these presents 27th February 73 this day of _ , 19 W D HAMMERSLA, SECRETARY CERTIFICATE Extract from the By-Laws of Safeco Insurance Company of America: "Article VI, Section 12.-F1DELITY AND SURETY BONDS . . . the President, any Vice President, and the Secretary shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business .... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of Safeco Insurance Company of America adopted July 28, 1970 "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article VI, Section 12 of the Bylaws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, W. D. Hammersla, Secretary of Safeco Insurance Company of America, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand a n da f fixed the facsimile seal of said corporation this Ul day of W D, HAMMERSLA. SECRETARY 29-59 S-13OO 7/72 PRINTED IN U.S.A. 60 nf 3«sumutr LJ Date Address I\O. ),'.)>; •;.■;<<! 1 i I $~y SI 7- J i -j, m ?-.'t»s-.::4^ mi i uo /'^ I3"7I N ('! NT'K'U I.M'UI SSU'AV '-LI1 SLM'i I, 7J3. DALLAS.'! i X \S 752.M }'{, (214) 238-04.? I ! (.M4) Jo.l-M.4l MKIKO /'■'! 4543 I'DST OAK I'LACI-DKIVI- Vi, sunr. 2uu l-:i! HOl!S'ION,TIiXAS 77027 £! 715-f»27-231O :. t°t -Rege^tS s*«i*eii F Austin This certificate applies to H Universxty, Nacogdoches, Texas "' General Contract Work Including; Mechanical Electrical pliuabiiKj",^' •and other work in remodelling ;; i Shelton Gyxnnasium# ;:! Tins is to certify that the policies designated below are in force on the date borne by this Certificate. J:jj NAME OF INSURED Address KIND OF INSURANCIi WORKMEN'S COMPLNSATION Pigg Construction Company Box: 449 Center, T* 75935 HOL1CY NO. liXPIRATION DATF 18CB801778 CPS COMPREHENSIVE GENERAL LIABILITyX !. Hodily Injury independent contractors completed operations Blanket Contractural (as - 3escribed below) AUTOMOBILE LIABILITY (not OWDOd ) Hig & 2. Property Damage ft Exclusion (0) XCU Hasards not apply 18AL 801778 CNS ies 7-1-76 7-1-76 LIMITS OF LIABILITY STATUTORY E.L.$500,000. * 500,000, ^00,000. ". 300,000. * 300,000. e;ich person each occurrence each occurrence aggregate ? 300,000. s500,000. $ 300,000. each person each occurrence each occurrence This certificate of insurance neither affirmatively or negatively amends, extends or alters the coverace afforded by pohcy numbers shown and issued by companies listed below. "Blanket conirac*ural. t&Oad f OXtt property damage are afforded by the above policies the Dartve to whZ "!ateria'cfhanf .in or cancellation of saidPolicies, the Company-ies .shown below will notify SLthi nSil 15 S Cei^lflcatr! « jessed ot such change or cancellation. Cancellation is not to become eitcctive until _xo days after the notlce has boen received by the addressee and the insured. INSURANCE COMPANY-IES ISSUING COVEMACIi Aetna Casualty ?< Surety Company Management Insurance Systems AGENTS / MANAGERS AN M I j£ COMPANY CC Kent Marsellos & Scott n k ■:n\ I ^. ,^_ . ^ AUTHORIZED REPRESENTATIVE" r>:J; 29-60 61 74-191 Upon motion of Regent Golden, seconded by Regent Wright, with all members voting aye, it was ordered that the stipend to faculty members for each off-campus course taught as a part of the regular teaching assignment be increased from $200 to $300. 29-61 62 74-192 Upon motion of Regent Bryce, seconded by Regent Cullum, with all members voting aye ll»7l+ /r /Z thr f0ll0wing curriculum items, approved by the University Under graduate and Graduate Curriculum Committees, be approved- COURSES ADDED: (Curriculum Committee) Department and Number Agriculture 310 Communication 170 Communication 202 Communication 212 Communication 322 English-Philosophy 475 Health & Physical Education 255 Health & Physical Education 257 Home Economics 409 Management 490 Mathematics 204 Title Agriculture Machinery Operation and Per formance Interpersonal Communica tion I Introduction to Photo-communication Audio Production Tech niques Motion Picture Editing Advanced Independent Studies in Philosophy Ballet Modern Jazz Applied Nutrition Recruitment and Inter viewing Uses and Operation of Programmable Calculators Hours Credit 3 3 3 3 2 2 3 1 COURSES TO BE REVISED: (Curriculum Committee) Department and Number Agriculture 313 Art 133 Art 337 •A.rt 437 Art 489 Art 490 New Title and Credit No. Farm Power and 313 Machinery (3) Crafts (3) 133 Contemporary Art (3) 337 History of Art in 437 America (3) Advanced Arts Pro- 489 jects (3) Advanced Art Pro- 490 jects for Ele mentary Teachers (3) New Title and Credit Farm Tractor (3) Elementary Art Pro jects I (3) Modern Art (3) American Art (3) Secondary Art Pro jects (3) Elementary Art Pro jects II (3) 29-62 COURSES TO BE REVISED (Continued) Department and Number Communication 242 Communication 424 Communication 470 Home Economics 402 Political Science 341 Political Science 342 Political Science 432 Political Science 444 and Political Science 340 Political Science 453 Political Science 455 Title and Credit New No, Principles and Tech 242 niques of Cinemato graphy (3) News and Documentary 424 Film Production (3) Interpersonal Commu- 470 nication (3) Seminar in Institu- 402 tional Equipment (D Governments of Latin 341 America (3) Democratic Govern- 342 ments in Europe (3) Contemporary Ameri- 308 can Foreign Policy (3) Communist Govern- 348 ments in the Far East (3) anjd Non-Communist Govern- 348 ments of the Far East (3) Government of Africa 353 (3) Governments of the 355 Middle East (3) New Title and Credit Basic Motion Picture Production (3) The New and Documentary Filmmaker (3) Interpersonal Communi cation II (3) Food Service Equipment for Institutions (3) Latin American Govern ment and Politics (3) European Government and Politics (3) American Foreign Policy (3) Asian Government and Politics (3) African Government and Politics (3) Middle Eastern Govern ment and Politics (3) COURSES TO BE DELETED: (Curriculum Committee) department and Number 'Art 401 Art 446 Art 462 Art 473 Communication 320 General Business 438 Modern Languages Languages Languages Languages Languages Modern Modern Modern Modern (French) (French) (German) (German) (German) 111 112 111 112 489 Political Science 340 Political Science 443 Political Science 469 Title and Credit Sculpture IV (3) Printmaking III (3) Painting V (3) Advertising Design IV (3) Graphic Arts for Journalism Business Associations (3) Reading French (3) French German German of the (3) (3) (3) (3) German Language Reading Reading Reading History (3) Non-Communist Governments of the Far East (3) Communist Governments in Europe (3) Methods in Political Research (3) 29-63 64 COURSES ADDED: (Graduate Counci1) COURSES TO BE REVISED: (Graduate Council) Department and Number Sociology 518 Title and Credit Seminar in Social Control (3) New No. 518 New Title and Credit Seminar in Criminal Behavior and Social Control (3) COURSES TO BE DELETED: (Graduate Council) Department and Number Political Science 469 Title and Credit Methods in Political Research (3) 29-64 65 74-193 Upon motion of Regent Gray, seconded by Regent Wright, with all members voting aye, it was ordered that the University be authorized to make application to the Coordinating Board for approval of a Master of Science degree in Computer Science. Meeting adjourned at 11:30 a.m. 29-65